Against errors of judges there is remedy, in civil causes, by demurrer and bills of exceptions; against their final mistake there is remedy by writ of error, in courts of Common Law.
As the vagueness of these dates made it almost impossible to get rebutting evidence, Mr Bradlaugh demurred to the plea on this ground, and in March 1881 his demurrer was heard by Mr Justice Grove and Mr Justice Lindley.
It came on before Lord Chief Justice Coleridge, Mr Justice Stephen, and Mr Justice Mathew, on 7th December, the defence arguing by Demurrer to the Statement of Claim.
A general demurrer by his friends and a special demurrer by his relatives were entered against his acceptance.
The demurrer also set up other matters in avoidance.
Demurrer sustained, and bill dismissed at costs of complainant.
In equity pleading a demurrer lay only against the bill, and not against the answer; at common law any part of the pleading could be demurred to.
Upon the trial of this case on demurrer in the district court in Dubuque, I sought to obtain a continuance of the hearing on the ground of my ill health, having been confined to my room and my bed for some three weeks.
The case was tried upon demurrer to this answer, and upon appeal to the supreme court of Iowa the will was sustained.
It may be ethically immaculate, but it has no vital power.
He is a man who has turned his back upon the pleasures of the world, even its harmless amusements and physical enjoyments, and has given himself to stern rigid self-denial.
To this plea there was a demurrer in the usual form, which was argued in April, 1854, when the court gave judgment that the demurrer should be sustained.
On the 7th the demurrer to one of the indictments against Sarah Althea was overruled and she entered a plea of not guilty.
The court then considered whether it should hear testimony as to the facts of the case, or proceed with the argument of the demurrer to the traverse.
To this traverse, which was afterwards amended, but not in any material respect, a demurrer was interposed for the sheriff by the district attorney of San Joaquin county.
Her counsel contrived to delay the argument of this demurrer for seven weeks after it was filed.
Formerly the pleader had the fear of a demurrer before him.
Many of the most important questions of law had been decided on demurrer both in common law and chancery.
There was great demurrer on the part of the afflicted friend, but he finally consented to become his old crony's banker.
Michael Carr fully appreciated a young man who took the law seriously and who could sit down in a court room on call mornings, when need be, and turn off a demurrer without paraphrasing it from a text-book.
My client got loaded on gin about the time the case came up on demurrer and gave the snap away, and I dropped out of the practice to avoid being disbarred.
The defendant, Reese Happersett, demurs to the petition of plaintiffs, and for cause of demurrer defendant states that said petition does not state facts sufficient to constitute a cause of action, for the following reasons: 1.
Because the said Supreme Court erred in affirming the judgment of the St. Louis Circuit Court--thereby, in effect, sustaining the demurrer filed in said Circuit Court by the defendant to the petition of the plaintiff.
The city through its attorney filed a demurrer which was argued March 29 by George C.
He overruled the demurrer of the inspectors, stating that women were entitled to vote at that election and for all candidates, thus confirming the law.
At the appointed time I appeared and filed a written protest and demurrer to his jurisdiction.
I was about to adjourn Court when Mr. Hall said he desired to have a demurrer heard.
I have heard the incident related with this sequel, that he took the case to the Supreme Court, that the Judges mentioned were all off the Bench, and the demurrer was sustained.
It was held on demurrer that an action would lie for not procuring certain releases which the defendant had undertaken to get.
And on demurrer judgment was given for the plaintiff.
I do not quite understand how this can be assumed when the declaration states a bilateral contract, and the question arose on demurrer to a plea, which also states that the plaintiff "was by the agreement bound to declare" the names.
To this plea in abatement, a demurrer having been interposed on behalf of the plaintiff, it was sustained by the court.
The court sustained a demurrerto this plea, a trial was then had upon the general issue, and special pleas to the effect that the plaintiff and his family were slaves belonging to the defendant.
There was a demurrer to the plea, so that the legality of the writ came directly in issue.
Lincoln was teasled as the court sustained a, demurrerabout his papers being deficient.
To prevent any demurrer about the fee of one thousand dollars, a fourth of that having been paid for the retainer, he had six members of the bar append their names to testify the charge was usual and just.
Demurrer to declaration, if ever there was one, overruled.
Finding no proper defense on file, he began to write an order, when one of the young attorneys, his friend and associate in several matters, interposed saying that a demurrer had been entered.
That is, the actual occupant could enter a demurrer to the former owner's action for recovery, citing his own occupancy for thirty years or more.
The new law extended the period during which the ousted proprietor could recover possession, by admitting no demurrer from the occupant so far as the years were concerned during which the Vandals should be in possession of the country.
