Demurrer to evidence
Demurrer De*mur"rer, n. 1. One who demurs. [1913 Webster]

2. (Law) A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further. [1913 Webster]

{Demurrer to evidence}, an exception taken by a party to the evidence offered by the opposite party, and an objecting to proceed further, on the allegation that such evidence is not sufficient in law to maintain the issue, and a reference to the court to determine the point. --Bouvier. [1913 Webster]


The Collaborative International Dictionary of English. 2000.

Look at other dictionaries:

  • demurrer to evidence — A method of taking a case from the jury, being an objection made by the defendant to the plaintiff s evidence as a whole, which concedes the truth of all that the evidence tends to establish in favor of the plaintiff, but that the facts thus… …   Ballentine's law dictionary

  • demurrer to evidence — noun A stop or pause by a party to an action in order to ask the court to determine the question of whether the evidence as it stands ought to be admitted, based on the law of admissibility of evidence …   Wiktionary

  • demurrer to the evidence — see demurrer Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • 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 — De*mur rer, n. 1. One who demurs. [1913 Webster] 2. (Law) A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to… …   The Collaborative International Dictionary of English

  • 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 ore tenus — A demurrer made orally at the time of argument in support of a demurrer of record, pointing out the defect in the pleading to which it is addressed. Wetherell v Eberle, 123 Ill 666, 14 NE 675. A demurrer in the form of an objection to evidence on …   Ballentine's law dictionary

  • speaking demurrer — An attempt to introduce new evidence during a hearing on a demurrer. Because a demurrer is an argument that assumes all of the facts in the challenged pleading are correct, evidence outside of the pleading may not be considered, and speaking… …   Law dictionary

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