demurrer to form

demurrer to form
A special objection to a pleading on grounds of form rather than substance. 41 Am J1st Pl § 206. See demurrer.

Ballentine's law dictionary. . 1998.

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  • demurrer — de·mur·rer /di mər ər/ n [Anglo French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay]: a plea in response to an allegation (as in a complaint or indictment) that admits… …   Law dictionary

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • Demurrer — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • demurrer — demurrer1 /di merr euhr/, n. a person who demurs; objector. [DEMUR + ER1] demurrer2 /di merr euhr/, n. 1. Law. a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them. 2.… …   Universalium

  • demurrer ore tenus — A demurrer made orally at the time of argument in support of a demurrer of record, pointing out the defect in the pleading to which it is addressed. Wetherell v Eberle, 123 Ill 666, 14 NE 675. A demurrer in the form of an objection to evidence on …   Ballentine's law dictionary

  • special demurrer — A demurrer aimed at a particular defect in a pleading, which must be assigned as the ground of demurrer. 41 Am J1st Pl § 225. A demurrer which lies only for defects in form and adds to a general demurrer a specification of the particular ground… …   Ballentine's law dictionary

  • Special demurrer — Special Spe cial, a. [L. specialis, fr. species a particular sort, kind, or quality: cf. F. sp[ e]cial. See {Species}, and cf. {Especial}.] 1. Of or pertaining to a species; constituting a species or sort. [1913 Webster] A special is called by… …   The Collaborative International Dictionary of English

  • general demurrer — A demurrer directed to a matter of substance and attacking a pleading on the ground that the averments are insufficient in substance to state a cause of action or defense. 41 Am J1st PI § 204. In equity, where the practice is not controlled by… …   Ballentine's law dictionary

  • special demurrer — noun : a demurrer for some specified defect of form in a pleading …   Useful english dictionary

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