Note:  Do not rely on this information. It is very old.


Demurrer was that pleading to an action by which one of the parties refused, i.e. demurred, to proceed with the pleadings towards trial, and required the judgment of the Court whether, upon his opponent's own showing, a sufficient or satisfactory statement had been made in law to entitle him to sustain or rebut the action as the case might be. In civil actions this particular form of pleading has been abolished; but points of law are now allowed to be raised on the pleading of any party, to be disposed of before trial, by order of the Court or a judge; and pleadings may be struck out if they disclose no reasonable cause of action or answer. In criminal prosecutions a demurrer may be resorted to when the fact as alleged is allowed to be true, but the accused takes exception in point of law to the sufficiency of the indictment or information on the face of it, as if he insist that the fact set forth is no felony, treason, or whatever it is alleged to be.