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demurrer

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1
demurrer
▪ 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 ... Oxford English Dictionary
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Demurrer
The judge either grants the demurrer by sustaining it, or denies it by overruling the demurrer. (Demurrer was pleaded in writing). wikipedia.org
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Speaking demurrer
A speaking demurrer is an attempt to use a demurrer to challenge the factual claims of a complaint. Doing so is improper, because a demurrer assumes that all of the complaint's factual claims are true. References Civil procedure wikipedia.org
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demurrant
demurrant, a. and n. (dɪˈmʌrənt) Also 6 demurante, 9 (erron.) demurrent. [a. OF. demourant, pr. pple. of demorer, -mourer, now demeurer: see demur v.] A. adj. † 1. Abiding, staying, dwelling, resident. Obs.1529 Supplic. to King 32 To compell the same [ministers] to be demurante, abydinge, and resyde... Oxford English Dictionary
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forjudger
forjudger Law. (fəˈdʒʌdʒə(r)) Also 5 forjugger, 8–9 forejudger. [a. Anglo-Fr. forjuger = OF. forjugier pres. inf. (see forjudge v.) used as n.; cf. demurrer.] A judgement or sentence of deprivation, expulsion, or banishment. Applied spec. to the ousting of a mesne lord by a writ of mesne.1496–7 Act ... Oxford English Dictionary
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Findlay v. McAllister
The court sustained the demurrer, and rendered a judgment for the defendants, to reverse which the plaintiff brings this writ of error. From the views expressed by the higher court, it was determined that the circuit court erred in sustaining the demurrer to the petition. wikipedia.org
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Weems v. United States
Weems filed a demurrer to the charges, but this was overruled as well. Weems filed a writ of error with the U.S. The three points that the plaintiff actually argued are as follows: First, the Philippine court was in error when it overruled Weems' demurrer. wikipedia.org
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Malony v. Adsit
The defendant, John Malony, filed a demurrer. He argued that the stated facts did not constitute a sufficient cause of action. Since Malony's demurrer had been overruled, and the bill of exceptions filed was void, the Court had to rule on the facts as presented by the lower court wikipedia.org
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Challenging a demurrer on appeal: what a hearing on a demurrer is not
A demurrer lies from defects on the face of the pleading or from facts that the court may judicially notice. ( Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) A demurrer is not the place to challenge disputed facts. " [A] hearing on a demurrer cannot be turned into a contested evidentiary hearing.". ( Unruh-Haxton v. www.anappealtoreason.com
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William A. Simmons
The city sued Wilson and Simmons for money lost in the Fisher Hill transaction, however the judge overseeing the case sustained a demurrer from the defendants The demurrer was overturned by the Massachusetts Supreme Judicial Court in 1890. wikipedia.org
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Martin v. Ziherl
As sex between unmarried persons was criminalized under Virginia's anti-fornication statute, Ziherl filed a demurrer in response to Martin's suit. Ziherl's demurrer was sustained, resulting in the dismissal of Martin's suit. She subsequently appealed to the Virginia Supreme Court. wikipedia.org
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Christian Lawyers Association v Minister of Health
The government noted an exception (a demurrer) on the grounds that constitutional rights do not apply to fetuses and that there was therefore no case to wikipedia.org
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抗辩1
【抗辩1】kàngbiàn[counterplea;demurrer] 在法庭上被告对原告的告诉提出的答辩 新华字典
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Union Pacific Railway Co. v. Cheyenne
The defendants adhered to their demurrer and appealed to the supreme court of the territory, and the decree of the district court was reversed and the As the court understood the facts stated by the bill (which, of course, the demurrer admits to be true), the complainant did pay to the city all the taxes wikipedia.org
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Cooper Manufacturing Co. v. Ferguson
Upon the hearing of the demurrer, the judges of the circuit court were divided in opinion, and the presiding judge being of opinion that the demurrer should be overruled, it was overruled accordingly, and the plaintiff electing to stand by its demurrer, judgment was entered against it dismissing its suit, wikipedia.org
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