demurrer to plea

demurrer to plea
A method by which the plaintiff tests the sufficiency of the answer or plea of the defendant; such a demurrer calls into question the sufficiency in law of the plaintiff's own pleadings, and all the facts and attendant circumstances revealed in all the pleadings must be taken into consideration in determining the demurrer. 41 Am J1st Pl § 234. A method of objecting to the sufficiency in law of a special plea by the defendant in a criminal case. 21 Am J2d Crim L § 465.

Ballentine's law dictionary. . 1998.

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  • demurrer to plea in abatement — A method by which the plaintiff tests the legal sufficiency of the defendant s plea in abatement. 41 Am J1st Pl § 211 …   Ballentine's law dictionary

  • 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

  • plea — / plē/ n [Anglo French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a: an allegation of fact… …   Law dictionary

  • Plea — Plea, n. [OE. plee, plai, plait, fr. OF. plait, plaid, plet, LL. placitum judgment, decision, assembly, court, fr. L. placitum that which is pleasing, an opinion, sentiment, from placere to please. See {Please}, and cf. {Placit}, {Plead}.] 1.… …   The Collaborative International Dictionary of English

  • demurrer — [di mʉr′ər] n. [OFr demorer, to DEMUR: inf. used as n.] 1. a plea for the dismissal of a lawsuit on the grounds that even if the statements of the opposing party are true, they do not sustain the claim because they are insufficient or otherwise… …   English World dictionary

  • 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

  • plea — In common law pleading (now obsolete with adoption of Rules of Civil Procedure) a pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the… …   Black's law dictionary

  • plea — Synonyms and related words: adjuration, alibi, answer, apology, appeal, application, argument, argumentum, beseechment, bid, call, case, clamor, cons, consideration, counterstatement, cry, defence, defense, demurrer, denial, elenchus, entreaty,… …   Moby Thesaurus

  • plea — noun Etymology: Middle English ple, plede, from Anglo French plai, pleit from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided more at please Date: 13th century 1. a… …   New Collegiate Dictionary

  • demurrer — Synonyms and related words: answer, apostate, argument, beef, bitch, boycott, challenge, complaint, compunction, counterstatement, defense, demonstration, demur, demurral, denial, difficulty, dissenter, dissentient, dissident, exception,… …   Moby Thesaurus

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