demurrer to substance

demurrer to substance
A demurrer testing the sufficiency of a pleading in respect of a matter of substance. 41 Am J1st Pl § 211.

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 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

  • 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 — 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

  • Immanence — • Latin, in manere, to remain in. The quality of any action which begins and ends within the agent Catholic Encyclopedia. Kevin Knight. 2006. Immanence     Immanence      …   Catholic encyclopedia

  • Pleading — In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion. By stating what claims and defences are at issue, pleadings establish… …   Wikipedia

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