What is demurrer?

  • (noun): (law) any pleading that attacks the legal sufficiency of the opponent's pleadings.
    See also — Additional definitions below


A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying, "So what?" to the pleading.

Read more about Demurrer.

Some articles on demurrer:

Brooks–Baxter War - Election of 1872 - Baxter and Brooks Switch Positions
... of sitting on the docket, at about 11 AM on April 15, 1874, Baxter's demurrer to Brook's complaint was suddenly called up ... were present in the court room, and the demurrer had been submitted without their knowledge ... Without giving Baxter any time to testify, Judge Whytock overruled the demurrer and awarded Brooks $2,000 in damages and the office of Governor of ...
Thomas E. Latimer - Legal Career and Near V. Minnesota
... In the hearing over the demurrer on December 1, 1927, Latimer argued that the Public Nuisance Law was "a subterfuge voted by the 1925 Legislature to get away from the state's constitution and libel laws..." He ... Judge Mathias Baldwin rejected the demurrer two weeks after the hearing ... Latimer did not argue the case before the Court, it was the original demurrer he filed early in the case that created the basis on which the successful constitutional challenge would proceed ...
John Ernst Worrell Keely - Career - Stockholder Suit
... Keely was reluctant to reveal his secrets, and filed a demurrer on 20 January 1882 to the bill in equity presented against him by the Keely Motor Company's stockholders ... The demurrer was described as entirely technical, and gave a number of reasons why the court should not afford the plaintiffs the relief they sought ... Argument was heard on the demurrer in Philadelphia's Court of Common Pleas on 27 March, when it was argued that the inventor "could not be made to expose that which no one ...
Demurrer - United States - State Courts
... civil procedure rules modeled after the Federal Rules and therefore have abolished the demurrer and replaced it with the motion to dismiss for failure to state a ... Thus, for example, in Ohio demurrers are specifically prohibited ... However, a demurrer can still be made by the defendant in a minority of U.S ...
Judicature Acts - Pleading
... Demurrers were abolished, and instead thereof it was provided that any point of law raised by the pleadings should be disposed of at or after the trial, provided that by consent or order of the court the ... Any possibility of abuse by frivolous or technical demurrers (as undoubtedly was formerly the case) had been met by powers of amendment and the infliction of costs ... Many of the most important questions of law had been decided on demurrer both in common law and chancery ...

More definitions of "demurrer":

  • (noun): (law) a formal objection to an opponent's pleadings.
    Synonyms: demur, demurral
  • (noun): A defendant's answer or plea denying the truth of the charges against him.
    Synonyms: defense, defence, denial