General Demurrer - Law Dictionary Search Results
Home Dictionary Name: general demurrergeneral demurrer
general demurrer see demurrer ...
demurrer
demurrer [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 its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
Speaking demurrer
Speaking demurrer, one in which new facts, which did not appear upon the face of a bill in equity, were introduced to support a demurrer. See 1 Dan. Ch. Pr., 5th Edn. 538. See now DEMURRER....
demurrer to the evidence
demurrer to the evidence see demurrer ...
special demurrer
special demurrer see demurrer ...
Special demurrer
Special demurrer, a demurrer for some defect in the form o the opposite party's pleading. Abolished by C.L.P. Act, 1852, s. 51....
Parol demurrer
Parol demurrer, abolished by 11 Geo. 4 & 1 Wm. 4, c. 74, s. 10....
Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Paymaster-General (see now Accountant-General
Paymaster-General (see now Accountant-General; the duties of Paymaster-General transferred to Accountant-General: see (English) Judicature Act, 1925, ss. 133 et seq.). Under the (English) Chancery Funds Act, 1872 (35 & 36 Vict. c. 44), the office of Accountant-General of the Court of Chancery was abolished, and the duties transferred to the Paymaster-General, and by the (English) Supreme Court of Judicature (Funds, etc.) Act, 1883, there was only one accounting department for the Supreme Court of Judicature. Rules with respect to the Paymaster-General were authorised to be made by the (English) Judicature Act, 1875, s. 24, and, further, s. 30 of that Act, and s. 4 of the Act of 1883, supra, the present practice and procedure being controlled by the (English) Supreme Court Funds Rules, 1927....
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