Demurrer in Europe

Definition of Demurrer

A pleading by which one of the parties alleged that the preceding pleading of the other party showed no good cause of action or defence. Abolished (in England) by Order XXV, which substituted raising a point of law (r. 2), and applying to strike out the Statement of Claim (r. 4).

It is still possible in criminal proceedings to demur to the indictment, i. e., allege some substantial defect in it. (1) (2)

In English Law

History

Demurrer (from Fr. demeurer, to delay, Lat. morari), in English law, an objection taken to the sufficiency, in point of law, of the pleading or written statement of the other side. In equity pleading a demurrer lay only against the bill, and not against the answer; at common law any part of the pleading could be demurred to. On the passing of the Judicature Act of 1875 the procedure with respect to demurrers in civil cases was amended, and, subsequently, by the Rules of the Supreme Court, Order XXV. demurrers were abolished and a more summary process for getting rid of pleadings which showed no reasonable cause of action or defence was adopted, called proceedings in lieu of demurrer. Demurrer in criminal cases still exists, but is now seldom resorted to. Demurrers are still in constant use in the United States. (3)

Resources

Notes and References

1. See also Demurrer in the Dictionaries
2. This definition of Demurrer is, temporally, from A Concise Law Dictionary (1927)
3. Encyclopedia Britannica (11th Edition)

See Also

See Answer; Pleading.

Further Reading