113 Sentences With "demurrer" | Random Sentence Generator

They filed an opposition to the demurrer on Jan. 4.

Accordingly, the demurrer as to TMG's first cause of action is sustained.

In September, the court overruled Hillsborough's demurrer on the point of discrimination, meaning that the case will proceed to trial.

In December, the city filed both a demurrer and a motion to strike, in hopes of having the case diminished or dismissed outright.

Because nothing in the complaint suggests there is a strong public policy that justifies the alleged discriminatory pricing, the trial court erred in sustaining the demurrer.

TMG has sufficiently alleged the elements of an action for promissory fraud with sufficient specificity, and the demurrer is overruled as to the sixth cause of action.

In December 2017, attorneys for Rob, Kris and Kim filed a "demurrer" challenging the basis of Chyna's lawsuit against them and asking a judge to dismiss her case.

In December, attorneys for Jenner and the Kardashians, Shawn Holley and Patricia Millet, filed a "demurrer" objecting to and asking for a dismissal of the lawsuit against them.

"Defendants Kris Jenner and Kim Kardashian West's demurrer to the first amended complaint is sustained," Judge Randolph M. Hammock wrote in the tentative ruling documents obtained by PEOPLE.

In December 2017, attorneys for Kardashian, Kris Jenner, and Kim Kardashian West filed a "demurrer" challenging the basis of Chyna's lawsuit against them and asking a judge to dismiss her case.

Kris Jenner, Kim Kardashian West and Rob Kardashian's attorneys filed a "demurrer" objecting to and asking for a dismissal of Chyna's lawsuit against them, in which the mother of two claimed the Kardashians were responsible for E!

Last week, Kris Jenner, Kim Kardashian and Rob's attorneys filed a "demurrer" objecting to and asking for a dismissal of Chyna's lawsuit against them, in which the mother of two claimed the Kardashians were responsible for E!

In December, attorneys for Kris, Kim and Rob filed a "demurrer" challenging the basis of Chyna's lawsuit against them and asking a judge to dismiss her case, alleging Chyna herself prevented the show from filming after obtaining a domestic violence restraining order against Rob in July.

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.

Technically, a demurrer is not a motion; a party does not file a motion for demurrer nor move the court to demur. Rather, a demurrer is a particular type of pleading and demurring is the act by which a party formally requests the court to dismiss a cause of action (claim) or the entire complaint. In lay terms, a judge who sustains a demurrer is saying that the law does not recognize a legal claim for the facts stated by the complaining party. If the judge overrules a demurrer, the court is allowing the claim or case to proceed.

Pa. R.C.P. 1028 As with the traditional demurrer, preliminary objections are regarded as pleadings. Preliminary objections in the nature of a demurrer are governed by Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure.

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, and for costs. By the present writ of error, the plaintiff brings that judgment under review.

A demurrer challenges the sufficiency of a claim for affirmative relief, and can address misjoined claims, lack of subject matter jurisdiction, and most importantly a failure to state a cause of action through a failure to allege some fact which is necessary for the claim to prevail. New facts may not be raised in a demurrer, so if the demurrer relates to a term in a contract which was not annexed to the original complaint, the defendant must first compel annexation of the contract through a motion craving oyer, and may file the demurrer once that annexation has occurred. A demurrer may be filed before or at the same time as an answer is filed, but not afterward, except with the permission of the court. If the demurrer is sustained, it is usually done so without prejudice and giving the plaintiff a set time to respond by filing an amended complaint which cures the defects of the original complaint.

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. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer.

A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff. A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move. A demurrer to an answer may simplify a lawsuit, but it usually will not end the lawsuit; it is normally used only when the plaintiff intends to move for summary judgment in their favor at the earliest opportunity and needs to preemptively attack some of the defendant's affirmative defenses.

Judge Maddox granted the demurrer, dismissing the action but allowing the tribe to re-plead if they paid costs.

Another method is to attack the entire cause of action itself as abolished or prohibited as against public policy (e.g., wrongful life is against public policy in most jurisdictions). Demurrers are decided by a judge rather than a jury. The judge either grants the demurrer by sustaining it, or denies it by overruling the demurrer.

3d 333, 339 n.3 (1988). Also, California is one of two states, along with Virginia, which uses the demurrer as the primary pre- answer attack on the complaint. Most states and the federal courts have switched to modern "notice pleading" and use the motion to dismiss for failure to state a cause of action instead of the demurrer.

In civil cases in the United States district courts, the demurrer was expressly abolished by Rule 7(c) of the Federal Rules of Civil Procedure ("FRCP", also "Federal Rules") when the FRCP went into effect on September 16, 1938. The demurrer was replaced by the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. The demurrer was abolished after American lawyers realized that the pleadings should frame only those issues that will be actively litigated through motion practice once both sides have fully stated their positions and the case is at issue. Although the demurrer technically also framed the issues in a case, treating the demurrer as a pleading came to be seen as irrational because it was the only pleading that required an immediate hearing and ruling on its content (which consisted of an attack upon the complaint), while the complaint and the answer merely stated the respective positions of each side but did not require hearings in and of themselves.

The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim (e.g., the claim is nonsense) or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint.

If the demurrer is granted without prejudice and/or with leave to amend, then the plaintiff may correct errors filing a corrected and/or amended complaint. Demurrers sustained with prejudice are reserved for when the judge determines a plaintiff cannot cure or fix the complaint by rewriting or amending it. Depending upon the severity of the defect in a complaint, a court may sustain with prejudice on the first demurrer (very rare) or allow the plaintiff as many as three or four attempts before sustaining a demurrer to a third or fourth amended complaint with prejudice.

Moyer v. Peabody was long moot by the time the case reached the Supreme Court, which accepted the case only because it arose under demurrer, which challenged the legal sufficiency of the government's action. Oddly, although the case was accepted on demurrer, the Court refused to acknowledge that Moyer had in fact contested Peabody's finding that a state of insurrection existed in Colorado in 1904.

Many of the most important questions of law had been decided on demurrer both in common law and chancery. Lord Davey considered that demurrer was a useful and satisfactory mode of trying questions in chancery (on bill and demurrer), and it was frequently adopted in preference to a special case, which requires the statement of facts to be agreed to by both parties and was consequently more difficult and expensive. It is obvious that a rule which makes the normal time for decision of questions at law the trial or subsequently, and a preliminary decision the exception, and such exception dependent on the consent of both parties or an order of the court, is a poor substitute for a demurrer as of right, and it has proved so in practice. The editors of the Yearly Practice for 1901 (Muir Mackenzie, Lushington and Fox) said (p.

In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument. Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a general demurrer would be sustained and the indictment would be dismissed. A special demurrer refers to an attack on the form, rather than the substance, of the charge: if the defendant correctly identifies some defect "on the face" of the indictment, then the charges are subject to being dismissed, although usually the indictment can be redrawn (rewritten) and re-presented to the grand jury or other charging authority. While there are different ways to accomplish the goals of a special demurrer, often an alternative method to challenge the sufficiency of the indictment is an attack on the prosecution's case prior to trial, and is generally made by means of motion to dismiss.

Associate Justice Samuel Freeman Miller wrote the decision for the majority, joined by Chief Justice Salmon P. Chase and Associate Justices Samuel Nelson, Noah Haynes Swayne, William Strong, and Joseph P. Bradley. Justice Miller first disposed of the demurrer. He concluded that the demurrer could not be granted "without reversing the settled course of decision in this court and overturning the principles on which several well-considered cases have been decided."Virginia v.

The defendants demurred to the petition. In support of their demurrer they assigned and argued, both in the circuit court and this court, the following grounds: (1) That the plaintiff had no such legal property interest in the taxes in question as to entitle him to maintain actions for conspiracy; (2) that he had sustained no legal damages by the alleged acts of the defendants. The court sustained the demurrer, and rendered a judgment for the defendants, to reverse which the plaintiff brings this writ of error.

Also in California, a demurrer is not said to be "granted," but is said to be "sustained" or "overruled." An order sustaining a demurrer is not a readily appealable order unless it disposes of an entire action without leave to amend and results in a judgment.9 WITKIN, California Procedure (5th), Appeal, Section 154 and 5 WITKIN, California Procedure (5th), Pleading, Section 997. The term preliminary objection is used in Pennsylvania state court to refer to all motions made after the filing of a complaint but before the filing of an answer; preliminary objections may be made "in the nature of a demurrer" (seeking to dismiss a cause of action for legal insufficiency) or "in the nature of a motion to strike" (seeking to remove parts of a pleading for failure to abide by the technical rules), as well as various other means.

Briggs (Briggs I) (1847), the Court further limited its jurisdiction to hear criminal certificates of division by holding that the question of whether a demurrer to an indictment should be sustained was to general to be certified.

At trial in federal district court, the defendants filed a demurrer to the indictment alleging that the Act was not a revenue measure but an attempt to usurp police power reserved to the states and so was unconstitutional. Defendants further argued that the Act violated the Second Amendment to the United States Constitution. The district court held that the section of the Act that made it unlawful to transport an unregistered firearm in interstate commerce was unconstitutional as violative of the Second Amendment. It accordingly sustained the demurrer and quashed the indictment.

In response, the owners filed a demurrer in the Montgomery County Circuit Court, saying the proper venue for residents' complaints is at the state level not the county level. The owners also said the residents were guilty of laches because the residents allowed the airport to operate for many years before filing a legal complaint. The court sustained the demurrer, ending the lawsuit, and the State Aviation Commission ended up issuing a license to the airport. In 1939, the Aviation Committee of the Maryland State Senate held a hearing about the residents' complaints.

Eugene M. Johnson, a U.S. citizen of Montauk descent, and a member of the tribe since birth, brought a similar suit in his own name, on behalf of himself and other similarly interested. The Special Term sustained a demurrer.

Jewish Encyclopedia bibliography: Prynne, Short Demurrer, part ii., sub annis; Jacobs, in Papers of the Anglo-Jew. Hist. Exh. pp. 22, 45, 49-51; M. Paris, Chronica Majora, v. 398, 441, 730; Select Pleas of the Jewish Exchequer, ed.

Weems filed a demurrer to the charges, but this was overruled as well. Weems filed a writ of error with the U.S. Supreme Court, claiming that the charges against him were improper, and his conviction should, therefore, be overruled.

In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases. Today, however, the pleading has been discontinued in many jurisdictions, including the United Kingdom, the U.S. federal court system, and most U.S. states (though some states, including California, Pennsylvania, and Virginia, retain it). In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead "not guilty," or make any other pleading in response, without having to admit or deny any of the facts alleged. A demurrer generally assumes the truth of all material facts alleged in the complaint, and the defendant cannot present evidence to the contrary, even if those facts appear to be obvious fabrications by the plaintiff or are likely to be easily disproved during litigation.

51 Magistrates Court Act 1980 and may be either written or oral. A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since demurrer procedure required an immediate ruling like a motion, many common law jurisdictions therefore went to a narrower understanding of pleadings as framing the issues in a case but not being motions in and of themselves, and replaced the demurrer with the motion to dismiss for failure to state a cause of action or the application to strike out particulars of claim. An answer is a pleading filed by a defendant which admits or denies the specific allegations set forth in a complaint and constitutes a general appearance by a defendant.

Hensler v. City of Glendale(1994) 8 Cal.4th 1 If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion.Goodman v.

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 bill ordered to be dismissed, and the case is now brought here by appeal.

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 March 27, when it was argued that the inventor "could not be made to expose that which no one knew but himself and which was hidden in his own brain". However, Keely was overruled by Judge Pierce on April 1, 1882, who ordered him to "make known his process in the way indicated in the bill filed by the Keely Motor Company".

If the demurrer is overruled, the defendant is ordered to file an answer within a certain period of time or else risk a default judgment. Once the answer is filed, then the case is said to be "at issue" (because there are now a complaint and answer on file opposing each other with the parties' respective provisions), and the case proceeds to the discovery stage. In the alternative, a judge may sustain a demurrer with prejudice or without prejudice. With prejudice means the plaintiff cannot file another complaint attempting to fix insufficiencies of the previous complaint.

To have a non-meritorious claim dismissed, however, the distinction between the two procedures is that when the Particulars of Claim are struck out, the claimant usually has another opportunity to file an amended Particulars of Claim, within, for example, four weeks, whereas Summary Judgment is final, though subject to appeal. In criminal law demurrer is obsolete, although not formally abolished. It has been superseded by the more modern motion to quash, usually a verbal application to the judge to rule the indictment null and void and to stop the case. (Demurrer was pleaded in writing).

A majority of U.S. states (approximately 35) have adopted 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 claim upon which relief can be granted. In Ohio, for example, demurrers are specifically prohibited.Ohio Rule of Civil Procedure 7(C) ("Demurrers shall not be used"). However, a demurrer can still be filed by the defendant in a minority of U.S. state court systems. Demurrers are still used in CaliforniaCalifornia Code of Civil Procedure Section 430.10. and VirginiaCode of Virginia Section 8.01-273.

Senator Clayton issued a statement saying that "Brooks was fairly elected in 1872; and kept out of office by fraud." Governor Baxter was now being supported by the Brindle Tails, re-enfranchisers, and the Democrats; whereas Brooks was finding support among the Claytonists, Northerners, Unionists, the Minstrel Republicans. Brooks was assigned three prominent Minstrel attorneys, and after a year of sitting on the docket, at about 11 AM on April 15, 1874, Baxter's demurrer to Brook's complaint was suddenly called up. Neither of Baxter's lawyers were present in the court room, and the demurrer had been submitted without their knowledge.

The hearing was held December 9, and future Minneapolis mayor Thomas Latimer argued that the defendants' activities were protected by the U.S. and Minnesota constitutions and demurred to the complaint. Judge Baldwin denied the demurrer and was affirmed by the Minnesota Supreme Court on appeal.

Daniel, . In United States v. Briggs (Briggs I) (1847), the Court further limited its jurisdiction to hear criminal certificates of division by holding that the question of whether a demurrer to an indictment should be sustained was to general to be certified.United States v.

Below, a divided panel of the United States Circuit Court of the District of Columbia had sided with More, interpreted the repeal act prospectively, and sustained his demurrer to the criminal indictment for the common law crime of exacting illegal fees under color of office.

Happersett, 88 U.S. 162, 165 (1875). The State of Missouri did not send counsel to defend its decision before the Supreme Court, choosing instead to justify its decision in a three-sentence demurrer. The case was argued on February 9, 1875 and decided March 29, 1875.

From the views expressed by the higher court, it was determined that the circuit court erred in sustaining the demurrer to the petition. Its judgment was reversed, and the cause remanded for further proceedings in conformity with this opinion; and it was so ordered. Justices Miller and Field dissented.

Cosby's attorney contended Huth and her attorney engaged in an extortion attempt before filing a suit. Singer's claim was made in a notice of demurrer. He also sought sanctions against Huth and Strecker. On August 4, 2015, a Los Angeles Superior Court judge ordered Cosby to give a sworn deposition in the lawsuit.

Criminal charges were brought against the motorman of Inez, Edward F. Terry. On Friday, February 2, 1894, Judge Manley sustained Terry's demurrer to the indictment filed against him, and ordered the case resubmitted to the grand jury. This was the second time that the indictment had been resubmitted to the grand jury.

He served until 3 March 1921, when he tendered his resignation upon the inauguration of Republican Warren G. Harding as president. In 1925, Burkhart represented Governor Hannett against the unsuccessful election challenge of Manuel B. Otero.Staff (1925) "Demurrer Filed by Gov. Hannett up to Mechem" Albuquerque Journal 21 March 1925 page 1, col.

Garland, 5 Arizona 188 (1897), Mrs. Nellie Sullivan had filed suit for malicious prosecution after being arrested for a felony. Bethune's ruling found the trial court had incorrectly granted demurrer and ordered the case back to the trial court for retrial. When the McKinley administration took office, it decided to replace the judges on the Arizona bench.

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 Arkansas. Neither Brooks nor the court notified the legislature or Governor Baxter. Judge Wytock then swore in Joseph Brooks as the new governor of Arkansas, despite having no authority to do so.

Friendly 91. The Supreme Court, in what is widely hailed as a critical victory for freedom of the press, ultimately ruled that the Public Nuisance Law was unconstitutional. Though 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.

In civil law a demurrer as such is no longer available under the current law of England and Wales. However, two similar procedures may be employed where claims without merit need to be expeditiously dismissed. First, an application on notice can be made for summary judgment in favor of the objecting party. Second, the court has power to strike out the Particulars of Claim.

Kennedy (1976) 18 Cal.3d 335 Additionally, when children are removed from their parents and taken into foster care in California, the parents may challenge the sufficiency of the dependency complaint by means of a motion akin to demurrer, which operates similarly to a demurrer.In re Fred J. (1979) 89 Cal.App.3d 168 However, demurrers are prohibited in California in other family law actions.

In the debate that followed Ascham played a major part in developing a theory of political obligation to the de facto power. In 1649 it is possible that he was author of a short anonymous pamphlet, A Combate between Two Seconds. One for Obeying the Present Government. The Other the second part of a Demurrer undeservedly called Religious, which was published in July. This work firstly took issue with those whose arguments continued to be based on Romans 13: 1–2 and in particular addressed the arguments in an anonymous work that may have been published in two parts, but that is extant only in its second part entitled The Second Part of the Religious Demurrer; and secondly bypassed the critical emphasis on Romans 13: 1–2 to develop arguments based on the need to protect oneself from chaos, as originally deployed by Ascham in his 1648 Discourse.

Frustrated, the state attorney general filed a motion in state district court in early March 1908 demanding title to the canal bed. In October of that year, the railway filed a demurrer in the case. The case dragged on into 1910. The 1896 legislative resolution became an issue before the courts, with the state attorney general arguing that a resolution was inadequate to affirm the city's title to the canal bed.

Reynolds defended by demurrer, contending that the bond was void because it was on a restraint of trade. His position was that any such restraint of trade was illegal per se, since it prevented him from exercising his trade as a baker. Although general restraints of trade are unlawful, the Court of the Queen's Bench, per Chief Justice Parker (Lord Macclesfield), held this restraint of trade reasonable and therefore lawful.Mitchel v.

Brown's attorney, Edward Arens, claimed that mesmerism was an acknowledged fact and challenged the demurrer. Judge Gray dismissed the case, noting the claim was vague and the complaint "framed without a knowledge of the law of equity." The court ruled it was not clear how it could prevent such mental control, even if it were to imprison Spofford. Brown appealed the court's ruling, but the appeal was dismissed in November 1878.

He painted a dramatic picture in his testimony; according to Wolfe, Day's men were "wrestinge his poore oulde father by the throate[,] beatinge and threatnynge his men and spoyled and took awaye wythe them prynted bookes and dyverse other gooddes".Hoppe, 257. Day countered with a demurrer, disputing Wolfe's account. The search, according to Day, was lawful and conducted "in peaceable manner and wise, withoute any weapons at all".

The Presbyter Judaeorum was the chief official of the Jews of England prior to the Edict of Expulsion. The office appears to have been for life, though in two or three instances the incumbent either resigned or was dismissed. PrynneIn his "Demurrer", ii. 62 argues that the Presbyter Judaeorum was merely a secular officer in the Exchequer of the Jews to keep the rolls of control, whereas Tovey"Anglia-Judaica," pp.

During his absence from the Netherlands, the Amsterdam rabbis excommunicated his student, Baruch Spinoza. In London, Menasseh published his Humble Addresses to the Lord Protector, but its effect was weakened by William Prynne's publication of Short Demurrer. Cromwell summoned the Whitehall Conference in December of the same year. Some of the most notable statesmen, lawyers, and theologians of the day were summoned to this conference to discuss whether the Jews should be readmitted to England.

He therefore files his bill against the company and prays that it may be enjoined from maintaining the bridge across the river until a draw shall have been placed in it sufficient to allow steamboats, vessels, and watercraft capable of navigating the stream to pass and repass freely and safely. A demurrer to the bill was sustained and the bill dismissed, and the case is brought here on appeal. The decree was affirmed.

Thus, it made sense that a discretionary attack upon the complaint that was already being drafted, calendared, heard, and ruled upon like a motion should simply be treated like one. Having purged the demurrer from federal courts, Rule 7(c) was deemed obsolete by the Advisory Committee on Civil Rules during the 2002–2007 FRCP revision cycle. It was therefore deleted from the version of the FRCP that went into effect on December 1, 2007.

Lee filed a demurrer, pointing out that the government had taken the contradictory position of being a private buyer in a tax sale and yet asserting sovereign immunity as if its purchase were a governmental act.Chase, 1930, p. 185. On March 15, 1878, the circuit court held that not only did the court have jurisdiction to decide the issue but that the lawsuit presented a controversy over facts which should be decided by a jury.Chase, 1930, p. 187-188.

A temporary injunction was granted September 13, 1883. It seems that on 15th day of May, the case was, by order of the judge of the district court, who had been of counsel in it, transferred to the circuit court of the same county, the judge of which granted the injunction. At the October term of this Court, all the parties, including Sully, who had not been served with notice, appeared. A demurrer was interposed by Sully, and overruled.

Aaron appears to have obtained some of his father's money and commercial connection, for he was appointed Presbyter Judaeorum, or senior representative, of the Jews of England in 1237, in succession to Josce of London. This would imply that he was very wealthy, as only the wealthiest of the Jews obtained this position. He did not hold the office more than a year, as he was succeeded in 1237 by Elias of London (Prynne, Short Demurrer, ii.38).

22 no.23 (June 27, 1896) p.1 The court overruled a demurrer by the defendants and found in favor of the plaintiffs, and although The Music Trade Review reported that in its opinion the stencilled words "The Lindeman Piano Co. Cincinnati" could not deceive a prospective purchaser, but that it was deceptive to represent that the two firms were the same, and H. Lindeman & Son was enjoined from selling pianos as previously labelled.Tended to Deceive the Public The Music Trade Review vol.

Lawyers for the NRA decided that the Bulcher case was ideal to test the NRA and knew that Grubb questioned the NRA's constitutionality. In October, Grubb signed the demurrer dismissing the indictment and declared the NRA unconstitutional. Under the Criminal Appeals Act of 1907, that sent the matter directly to the Supreme Court. However, the NRA's lawyers decided that the timing was bad because the NRA required new enabling legislation in June 1935 and dropped the indictment when Bulcher agreed to settle.

Failure to provide such detail could lead to dismissal of the case if the defendant successfully demurred to the complaint on the basis that it merely stated "legal conclusions" or "evidentiary facts." Code pleading also drastically shortened the pleading process. Most of the old common law pleadings were abolished. From now on, a case required only a complaint and an answer, with an optional cross-complaint and cross-answer, and with the demurrer kept as the standard attack on improper pleadings.

But when Ainslie went to consult with his new clients the next morning, he found them dead, hanging from the rafters of a shed behind the temporary jail. One account says that George realized "the importance of demurrer and the irrelevancy of an appeal" and "retired in good order." After spending the winter teaching in Clackamas County, Oregon, Ainslie moved to Idaho City, the county seat of Boise County, Idaho. He would practice law there, and invest in mining properties, for over a quarter century.

Mary Baker Eddy and 21 other witnesses traveled to Salem to testify against Spofford. Judge Gray ordered Spofford to appear on May 17. The case garnered widespread attention from the media, with articles appearing in the Boston Globe, Newburyport Herald, and Salem Observer. On May 17, Amos Noyes, Spofford's attorney (appearing on behalf of his client who did not attend the trial), filed a demurrer with the court, arguing that there was no question in equity and that the court had no jurisdiction in the case.

The United States generally recognizes four elements to a negligence action: duty, breach, proximate causation and injury. A plaintiff who makes a negligence claim must prove all four elements of negligence in order to win his or her case. Therefore, if it is highly unlikely that the plaintiff can prove one of the elements, the defendant may request judicial resolution early on, to prevent the case from going to a jury. This can be by way of a demurrer, motion to dismiss, or motion for summary judgment.

William Cranch both heard the case as a D.C. circuit court judge and reported the Supreme Court's decision. The D.C. circuit court judges hearing the demurrer were Chief Judge William Kilty and assistant judges William Cranch and James Markham Marshall (Chief Justice John Marshall's brother). Cranch and Marshall were Adams appointees; Kilty was a Jefferson appointee. Cranch, also the reporter of decisions for the Supreme Court, included the D.C. circuit court opinions in the margin of his report of the Supreme Court's decision in More.

The majority judgment of Justices Brennan, Toohey and Gaudron found that native title rights, if they did exist, should really be treated as part of a broader human right to own and inherit property. They said that the effect of the Coast Islands Act was to arbitrarily deprive the Meriam people of their traditional property, by denying their native title rights. As such, their right to own and inherit property was limited. By this reasoning, the demurrer was allowed and the Queensland Government was not allowed to rely on the Coast Islands Act.

Nealus Norris (plaintiff) sued Moskin Stores (defendant employer) and Morris Nathan (defendant employee) for invasion of privacy, intentional interference with marital relations, and slander (later stricken.) As part of their debt collection strategy, defendants had called plaintiff's wife and sister-in-law, pretending to be "Dorris" who had an affair with the plaintiff and was now pregnant. As a result, the plaintiff's wife separated temporarily and their marriage was strained until the truth came out. The defendants moved for a demurrer which was granted by the court and the lawsuit dismissed. Norris appealed.

On his release Prynne returned to pamphleteering. He exposed the machinations of the papists, showed the danger of Quakerism, vindicated the rights of patrons against the triers, and discussed the right limits of the Sabbath.A Brief polemical Dissertation concerning the Lords Day Sabbath, 1655; The Quakers Unmasked, 1655; A New Discovery of some Romish Emissaries, 1656. The proposal to lift the thirteenth-century ban on the residence of Jews, being promoted then in England by Manasseh ben Israel, among others, inspired him with a pamphlet against the scheme, called in brief the Short Demurrer.

If there is any nominal party, or any party unnecessary to the relief sought by plaintiffs, it is Sully, for if plaintiffs can procure a decree enjoining the trustees from making that certificate, their relief is sufficient, if not complete. So of the treasurer, Warren, who, so far from siding with plaintiffs in the suit, has joined Sully and the railroad company in a demurrer to the bill, and in his answer denies the merits. The case of Harter v. Kernochan, 103 U. S. 562, is cited in opposition to this view of the case.

Although Yari received screen credit as one of the producers of Crash, the Producers Guild of America refused to designate him as a producer to the Academy of Motion Picture Arts and Sciences for the purpose of nominating producers of the film for the Best Picture Oscar. Yari sued both the Academy and the Guild in the Los Angeles Superior Court and lost at the demurrer stage. The trial court's decision was affirmed by the California Court of Appeal for the Second Appellate District on March 25, 2008.Yari v.

That is, the point of the demurrer is to test whether a cause of action or affirmative defense as pleaded is legally insufficient, even if all facts pleaded are assumed to be true. The sole exception to the no-evidence rule is that a court may take judicial notice of certain things. For example, the court can take judicial notice of commonly known facts not reasonably subject to challenge, such as the Gregorian calendar, or of public records, such as a published legislative report showing the intent of the legislature in enacting a particular statute.

In legal terms, the demurring party asserts that the complaint or counterclaim does not amount to a legally valid claim, even if the factual allegations contained in the complaint or counterclaim are accepted as true. Usually, a demurrer attacks a complaint as missing one or more required elements of a claim. Those elements are usually attacked by showing that the plaintiff failed to plead an essential element per se or facts that adequately support it (e.g., facts giving rise to an actionable duty running from the defendant to the plaintiff).

Once service has been effected, the defendant has 21 days to file a responsive pleading. The pleading may simply be an answer, or the defendant may file a demurrer, a motion to dismiss, an objection to venue, a motion for a bill of particulars, or a statement of the defendant's grounds of defense. If the defendant objects to personal jurisdiction, the defendant must make a special appearance to assert either that the court lacks personal jurisdiction, or that service of process was never made. Such a motion can not be joined with any other motion.

By 1900, The Electric Vehicle Company launched several lawsuits against automobile manufacturers. Their ultimate target among the fray was Alexander Winton, and his Winton Motor Carriage Company. Originally formed in 1896, the Winton Company was by 1900 the highest-volume automobile producer in the US. If the patent were to gain validity in the industry, Selden believed, they needed to tackle the largest manufacturer. The Winton Company's defense made the costly mistake of concentrating on challenging the patent’s validity through demurrer; by 1902 the case was still tied up and Winton was considering a settlement.

Little has been published about Turner's decisions or activities while serving on the court. However, one news article noted that he had written a court opinion establishing that lands allotted by the government to former slaves (freedmen) in the Chickasaw nation were exempt from taxation. However, another case brought by freedmen of Garvin County to enjoin the collection of taxes on their allotments resulted in a claim that the government never actually allotted the land and, moreover, did not intend to compensate freedmen in the same way as their former owners. The Garvin judge awarded a demurrer based on this claim.

On February 18, 2011, the California Court of Appeal for the Fourth Appellate District affirmed the sustaining of a demurrer without leave to amend. In an opinion by Justice Joan Irion, the court ruled in favor of MERS in two ways: (1) California's nonjudicial foreclosure statutes did not expressly or impliedly allow a lawsuit simply to determine whether the party initiating a foreclosure was authorized to do so; and (2) even if they did, the plaintiff consented to the use of MERS to initiate the foreclosure when he signed the deed of trust.Gomes v. Countrywide Home Loans, 192 Cal. App.

A motion to dismiss has taken the place of the common law demurrer in most modern civil practice. When a court dismisses a case, many laypeople state the case was "thrown out." Under Rule 12 of the Federal Rules of Criminal Procedure, a party may raise by motion any defense, objection, or request that the court can determine without a trial of the general issue. Before the trial starts, the motions can be based on defects in instituting the prosecution, defects in the indictment or information (which can be challenged at any stage but are generally raised before a trial begins).

A nonsuit occurs where the plaintiff seeks voluntary dismissal of the case without prejudice prior to a resolution. In Virginia, one nonsuit may be taken as of right, so long as it filed before certain significant events have occurred in the case. It must be filed before any demurrer or special plea has been fully argued, and before any motion to strike evidence has been granted. In a jury trial, it can not be filed when the jury is retired from the bar, and is deliberating; it may be filed if the jury returns from deliberations deadlocked, resulting in a mistrial.

On September 26, 1994, acting as his own lawyer (pro se), Muntaqim filed a complaint in the United States District Court for the Northern District of New York. This made a number of constitutional and civil rights complaints, among them the Voting Rights Act allegation. On October 25, 1999, the defendants moved for summary judgment, asking that the complaint be dismissed on the basis of the pleadings (in effect a motion to dismiss or demurrer). This motion was referred to a magistrate judge. On July 18, 2000, the magistrate judge filed a report and recommendation that defendants' motion be granted and Muntaqim's complaint dismissed in its entirety.

The Fifth Monarchy Men were another example of Puritan millenarians who saw the readmission of the Jews as hastening the kingdom of Christ. The exiled Royalist Sir Edward Nicholas is one of the few admissionists who did not seem interested in conversion. By contrast, the anti-admissionists were often animated by the belief that it would be difficult or impossible to convert the Jews. William Prynne’s anti-Semitic pamphlet A Short Demurrer, which was printed on the eve of the Whitehall Conference, and the pamphlet Anglo-Judaeus or The History of the Jews Whilst Here in England by W.H. both doubt that the Jews would be converted once in England.

Due to coastal erosion, Borgne is now a lagoon connecting to the Gulf of Mexico. Early 18th-century maps show Borgne as a true lake, largely separated from the Gulf by a considerable extent of wetlands that have since disappeared. In a 1902 case before the United States Supreme Court over the oyster banks at the boundary between Louisiana and Mississippi, the State of Mississippi argued that at the time of Louisiana's admission into the Union, there probably was no such "Lake Borgne" or "Mississippi Sound".Brief for Mississippi on her Demurrer to the Bill of Complaint. Supreme Court of the U.S. October term, 1902.

Texas, in which the U.S. Supreme Court found unconstitutional a Texas law criminalizing homosexual sodomy as an infringement upon the liberty of adults to engage in private and consensual intimate conduct under the due process clause of the Fourteenth Amendment to the United States Constitution. Judge Markow instead believed the fornication prohibition satisfied the rational basis review that Lawrence ruled the Texas statute failed, because the fornication law was reasonably related to the legitimate government goals of protecting public health and encouraging marriage for procreation. Ziherl's demurrer was sustained, resulting in the dismissal of Martin's suit. She subsequently appealed to the Virginia Supreme Court.

An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre- trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time period specified in the summons for an answer.

The case was closely related to another proceeding in the High Court (Mabo v Queensland (No 2),. decided in 1992) which was a dispute between the Meriam people (of the Mer Islands in the Torres Strait) and the Government of Queensland, in which several Meriam people, principally Eddie Mabo, contested that they had certain native title rights over the Murray Islands. In 1985, the Queensland Government passed the Queensland Coast Islands Declaratory Act, which was intended to retrospectively abolish any such native title rights, if they existed. The Meriam people sought a demurrer to prevent the Queensland Government from relying on the Coast Islands Declaratory Act in their defence to the main case.

Boyer v. Boyer, 113 U.S. 689 (1885), was a suit in error brought in a state court of Pennsylvania for an injunction restraining the commissioners of Schuylkill County from levying a county tax for the year 1883 upon certain shares in the Pennsylvania National Bank, an association organized under the National Banking Act. The suit proceeds upon the ground that such levy violates the act of Congress prescribing conditions upon state taxation of national bank shares in this, that "other moneyed capital in the hands of individual citizens" of that county is exempted by the laws of Pennsylvania from such taxation. A demurrer to the bill was sustained and the suit was dismissed.

The full title of which was: A short demurrer to the Jewes long discontinued barred remitter into England Comprising an exact chronological relation of their first admission into, their ill deportment, misdemeanors, condition, sufferings, oppressions, slaughters, plunders, by popular insurrections, and regal exactions in; and their total, final banishment by judgment and edict of Parliament, out of England, never to return again: collected out of the best historians and records. With a brief collection of such English laws, Scriptures, reasons as seem strongly to plead, and conclude against their readmission into England, especially at this season, and against the general calling of the Jewish nation. With an answer to the chief allegations for their introduction. / By William Prynne Esq; a bencher of Lincolnes-Inne.

On 7 May an information was filed against him and others in the Star Chamber by the Attorney-General Robert Heath, but the prisoners were proceeded against in the Court of King's Bench. Valentine's 'plea and demurrer' to the information of the Attorney-General, prepared by his counsel, Robert Mason and Henry Calthorpe, was issued on 22 May, and was followed by a further plea on 1 June in answer to the altered information of 29 May. With Selden he should have appeared before the judges of the King's Bench on 24 June, had not the king reversed the order for fear that bail should be granted. On 13 October Heath brought in his information against Eliot, Holles, and Valentine in the Court of King's Bench.

The Court therefore remanded the matter to the federal district court for it to determine if the defendants' claims of mob intimidation and coerced testimony were true: :We shall not say more concerning the corrective process afforded to the petitioners than that it does not seem to us sufficient to allow a Judge of the United States to escape the duty of examining the facts for himself when if true as alleged they make the trial absolutely void. We have confined the statement to facts admitted by the demurrer. We will not say that they cannot be met, but it appears to us unavoidable that the District Judge should find whether the facts alleged are true and whether they can be explained so far as to leave the state proceedings undisturbed.

While still abiding by that order in that they ceased publication, they argued that the temporary injunction was unconstitutional and did "not state facts sufficient to constitute a cause of action" on the part of the court. 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 pointed out that "There are only two other countries in the world today with a statute similar to the one at issue...Italy and Russia." The latter comment was an ironic reference to a recent editorial in the influential Minneapolis Tribune, which had railed against the lack of press freedom in Benito Mussolini's Italy yet supported the Public Nuisance Law.Friendly 51-52.

In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem. In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.

272): "Points of law raised by the pleadings are usually disposed of at the trial or on further consideration after the trial of the issues of fact," that is to say, after the delay, worry and expense of a trial of disputed questions of fact which after all may turn out to be unnecessary. The abolition of demurrers has also (it is believed) had a prejudicial effect on the standard of legal accuracy and knowledge required in practitioners. Formerly the pleader had the fear of a demurrer before him. Nowadays, he need not stop to think whether his cause of action or defence will hold water or not, and anything which is not obviously frivolous or vexatious will do by way of pleading for the purpose of the trial and for getting the opposite party into the box.

On error from the United States District Court for the Southern District of New York: The defendant and others were indicted for a conspiracy to conceal assets from a trustee in bankruptcy. The defendant Oppenheimer set up a previous adjudication upon a former indictment for the same offense that it was barred by the one-year statute of limitations in the bankruptcy act for offenses against that act; an adjudication since held to be wrong in another case. This defense was presented in four forms entitled respectively, demurrer, motion to quash, plea in abatement, and plea in bar. After motion by the Government that the defendant be required to elect which of the four he would stand upon he withdrew the last-mentioned two, and subsequently the court granted what was styled the motion to quash, ordered the indictment quashed and discharged the defendant without day.

The parties would normally go through several rounds of pleadings before the parties were deemed to have clearly stated their controversy, so that the case was "at issue" and could proceed to trial. A case would begin with a complaint in which the plaintiff alleged the facts entitling him to relief, then the defendant would file any one of a variety of pleas as an answer, followed by a replication from the plaintiff, a rejoinder from the defendant, a surrejoinder from the plaintiff, a rebutter from the defendant, and a surrebutter from the plaintiff. At each stage, a party could file a demurrer to the other's pleading (essentially a request that the court immediately rule on whether the pleading was legally adequate before they had to file a pleading in response) or simply file another pleading in response. Generally, a plea could be dilatory or peremptory.

According to the Independent News, the goal of Tair Kaminer for refusal is the reformation of laws punishing conscientious objectors, but she has been known as a traitor. The ordered demonstrations have been held out of her prison and the training bases for soldiers by objectors. The Green Party MP stated to Brighton Pavilion : “With tensions high in Israel, this is a particularly difficult time to be a conscientious objector … (we call) on the Government to request the Israeli authorities to accept the conscientious objection of Israeli citizens who do not wish to bear arms against a civilian population under military occupation.” when this statement was mentioned at the Houses of Parliament,Amnesty International Israel controverted it. Some parties confirmed this statement like Labour, Scottish National Party, the Conservatives and Plaid Cymru for the legal impunity for demurrer of Israeli's military service such as Tair Kaminer.

It is unnecessary to inquire into the sufficiency of other grounds for equitable relief which are alleged in the bill. Another point raised by the defendants, not affecting the jurisdiction of the court but the propriety of its taking jurisdiction, is that the complainant ought to have paid the taxes which are conceded to be due to the city for the year 1880. 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 which would be due upon the assessment and valuation made by the board of equalization, including taxes due on outside property of the company in the city. The court found that the decree of the Supreme Court of Wyoming should be reversed and the cause remanded with instructions to enter a decree in favor of the complainant in conformity with this opinion, and it was so ordered.

GITA LANDEROS, Appellant, a minor, sought review of a judgment of the Superior Court of Santa Clara County (California), which sustained general demurrers and dismissed her medical malpractice action against appellees, a physician and a hospital, for injuries sustained when they failed to properly diagnose and treat the condition from which she was suffering. Appellant minor argued trial court error in sustaining the demurrer of appellees, doctor and hospital, to her malpractice suit against them, because issues existed as to whether they had a duty to recognize a case of battered child syndrome that was to be reported to authorities, and whether their conduct proximately caused appellant's injuries. The court agreed, noting first that appellant was returned to parental custody after having been treated for injuries not appearing to be accidental, and that she then was traumatically abused. Because it was unclear whether treating physicians should have recognized the syndrome for treatment purposes, appellant was entitled to prove by expert testimony the standard of care against which appellees were to be held.

Instead of piling layers and layers of pleadings and averments on top of each other, a pleading that was attacked by demurrer would either be completely superseded by an amended pleading or would proceed immediately "at issue" as to the validly pleaded parts. This meant that to determine what the parties were currently fighting about, a stranger to a case would no longer have to read the entire case file from scratch, but could (in theory) look only at the most recent version of the complaint filed by the plaintiff, the defendant's most recent answer to that complaint, and any court orders on demurrers to either pleading. Code pleading was criticized because many lawyers felt that it was too difficult to fully research all the facts needed to bring a complaint before one had even initiated the action, and thus meritorious plaintiffs could not bring their complaints in time before the statute of limitations expired. Code pleading has also been criticized as promoting "hypertechnical reading of legal papers".

Nicaea Council I, Canon XIX Likewise in the case of their deaconesses, and generally in the case of those who have been enrolled among their clergy,...And we mean by deaconesses such as have assumed the habit, but who, since they have no imposition of hands, are to be numbered only among the laity. Concerning the "constant practice of the Church", in antiquity the Church Fathers Irenaeus,Irenaeus, Against Heresies 1:13:2 Tertullian,Tertullian, "Demurrer Against the Heretics" 41:4–5; "Baptism" 1; "The Veiling of Virgins" 9 Hippolytus,Hippolytus, "The Apostolic Tradition" 11 Epiphanius,Epiphanius, "Against Heresies" 78:13, 79:3 John Chrysostom,John Chrysostom, "The Priesthood" 2:2 and AugustineAugustine, "Heresies" 1:17 all wrote that the priestly ordination of women was impossible. The Council of Laodicea prohibited ordaining women to the Presbyterate, although the meaning of Canon 11 has received very different interpretations as to whether it refers to senior deaconesses or older women presiding over the female portion of the congregation. In the period between the Reformation and the Second Vatican Council, mainstream theologians continued to oppose the priestly ordination of women, appealing to a mixture of scripture, Church tradition and natural law.

On December 14, 1881 the stockholders of the Keely Motor Company held a meeting at which a report was read that complained that while they had faith in the merits of Keely's invention, the inventor was unreasonably secretive of the principles and operating methods of his apparatus. He had assured them that the "generator" had been perfected a year before, and that the "multiplicator" was also now perfected, and they considered it only fair and reasonable that the secrets of the machinery be revealed to them. They recommended that some intelligent and trustworthy person be taken into Keely's confidence "so that in the case of accident they would not be totally without a clue to the invention". The report complained at some length about Keely's uncommunicativeness and said that it was the experience of everyone who had come into contact with him over the previous ten years that "any attempt at a serious investigation of his operations has been met on his part with deception and misrepresentation". Keely was reluctant to reveal his secrets, and filed a demurrer on January 20, 1882 to the bill in equity presented against him by the Keely Motor Company's stockholders.