▪ I. demurrer1
(dɪˈmʌrə(r))
Also 6 (erron.) demurrour, 7 demourer.
[a. Anglo-Fr. demurrer = OF. demourer, pres. inf. (see demur v.) used as n.: cf. refresher, user.]
1. Law. A pleading which, admitting for the moment the facts as stated in the opponent's pleading, denies that he is legally entitled to relief, and thus stops the action until this point be determined by the court.
| 1547 Act 1 Edw. VI, c. 7 §1 The Process, Pleas, Demurrers and Continuances in every Action. 1565 Sir T. Smith Commw. Eng. (1609) 67 If the question be of the law, that is, if both the parties doe agree vpon the fact, and each doe claime that by law hee ought to haue it..then it was called a demurrer in law. 1660 Trial Regic. 107 If you demur to the Jurisdiction of this Court, I must let you know that the Court doth over-rule your demurrer. 1794 Godwin Cal. Williams 43 By affidavits, motions, pleas, demurrers, flaws, and appeals, to protract the question from term to term and from court to court. 1809 Tomlins Law Dict. s.v., Demurrers are general, without shewing any particular causes; or special, where the causes of demurrer are particularly set down. 1861 May Const. Hist. (1863) II. x. 230 He pleaded Not Guilty to the first fourteen counts, and put in demurrers to the others. 1864 Bowen Logic ix. 299 A Demurrer has been happily explained to be equivalent to the remark ‘Well, what of that?’ |
b. transf. An objection raised or exception taken to anything; = demur n. 3.
| 1599 Marston Sco. Villanie ii. vii. 205 Slowe-pac't dilatory pleas, Demure demurrers, stil striving to appease Hote zealous loue. 1873 H. Spencer Stud. Sociol. ii. (ed. 6) 45 This reply is met by the demurrer that it is beside the question. |
† 2. A pause, stand-still; a state of hesitation or irresolution; = demur n. 2. Obs.
| 1533 More Debell. Salem Wks. 945/1 The matter is at a demurrour in this poynt, and we at your iudgement. 1627 F. E. Hist. Edw. II (1680) 42 The greenness of the Disgrace kept him in a long demurrer. 1645 Wither Vox Pacif. 93 Not well discerning whether Griefe, Shame, or Anger, that demurrer caus'd. |
† 3. = demurrage 2 a. Obs. rare.
| 1622 Malynes Anc. Law-Merch. 117 If the Master doe not stay out all his daies of demourer agreed vpon by the charterpartie of fraightment. |
▪ II. demurrer2
(dɪˈmɜːrə(r))
[f. demur v. + -er1.]
One who demurs.
| 1711 Addison Spect. No. 89 ¶1, I shall distinguish this Sect of Women by the Title of Demurrers. 1742 Young Nt. Th. ix. 1364 And is Lorenzo a demurrer still? 1812 Examiner 7 Sept. 565/1 It is..customary..to hear the demurrer's reasons. |