Legal Definition of Demurrer
In pleading, imports that the objecting party will not proceed with the pleading, because no sufficient statement has been made on the other side.3 min read
From the Latin demorari or old French demorrer, to wait or stay. In pleading, imports that the objecting party will not proceed with the pleading, because no sufficient statement has been made on the other side; but will wait the judgment of the court whether he is bound to answer. Demurrers are no longer available in Federal and many state courts. In Federal Courts the equivalents are often various motions pursuant to F.R.Civ.P. Rule 14.
A demurrer may be for insufficiency either in substance or in form. That is, it may be either on the ground that the case shown by the opposite party is essentially insufficient, or on the ground that it is stated in an inartificial manner; for the law requires two things in every pleading; that it be in matter sufficient, and that it be deduced and expressed according to the forms of law. It is cause for demurrer if either of these be wanting. A demurrer is of two kinds; general or special.0px;" class="adsbygoogle">