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  Encyclopedia of Keywords > Society > Law > Civil Law > Demurrer   Michael Charnine

Keywords and Sections
FILED
DISMISSED
DEMURRERS
PLAINTIFF
OVERRULED
AMENDED
PLEADED
SUSTAINED
OVERRULING
ALLEGATIONS
WITHOUT PREJUDICE
WITHOUT LEAVE
LEGAL SUFFICIENCY
GRANTED
FACTS
MOTION
ELEMENTS
GROUNDS
PARSONS
WALES
DEMURRER
Review of Short Phrases and Links

    This Review contains major "Demurrer"- related terms, short phrases and links grouped together in the form of Encyclopedia article.

Definitions

  1. Demurrer - A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.
  2. Demurrer: A motion to dismiss a civil case because of the legal insufficiency of a complaint. (Web site)
  3. The demurrer is a first A responsive pleading filed in an Eminent Domain action.
  4. A demurrer is a paper or "motion" typically filed by a defendant in response to a complaint filed by the plaintiff. (Web site)
  5. The demurrer is a general one, two of the grounds of which were that there was a misjoinder of parties, both plaintiff and defendant. (Web site)

Filed

  1. On May 9, 2001, Noel and Knoller filed a demurrer to the criminal indictment.
  2. The cross‑defendants filed a demurrer on July 3, 2000.
  3. Untimeliness was not among the eight bases for the demurrer filed by the defendant, the City of Los Angeles . (Web site)

Dismissed

  1. A demurrer asks for the complaint to be dismissed. (Web site)
  2. The judgment is affirmed; the purported appeal from the order sustaining the demurrer is dismissed. (Web site)

Demurrers

  1. Joinder may be challenged by demurrer or affirmative defense. (Web site)
  2. The City's Demurrer honed in on issues of both California and federal law.
  3. I submit what I have said about the Demurrer, &c. (Web site)
  4. For more information on demurrer, visit Britannica.com. (Web site)
  5. If the Lords over-rule the Demurrer, Lord Danby is quit; and this is your short story. (Web site)

Plaintiff

  1. The defendants’ initial pleading can be in the form of an Answer, a Demurrer or a Motion that attacks the sufficiency of the plaintiffs’ Complaint.
  2. A misjoinder of parties, both plaintiff and defendant, is no ground for a demurrer to the petition under our code.
  3. A demurrer asserts that, even if the plaintiff's facts are correct, the defendant should not have to answer them or proceed with the case. (Web site)

Overruled

  1. Amendment of pleadings after default or demurrer overruled; costs. (Web site)
  2. The defendant demurred to the State's case, and the demurrer was overruled. (Web site)

Amended

  1. The Court overruled the Paradigm Defendants' demurrer to the amended complaint on August 6, 1998.
  2. This was - addressed in their demurrer to the First Amended Cross-Complaint filed - October 20, 2000, pg 14.

Pleaded

  1. With respect to the effect of a demurrer, it is a rule that a demurrer admits all such matters of fact as are sufficiently pleaded. (Web site)
  2. For purposes of demurrer, the third cause of action has been sufficiently pleaded.

Sustained

  1. Demurrer to evidence of plaintiff sustained and judgment for defendant. (Web site)
  2. Dairyland and Sentry filed a demurrer, which the trial court sustained, and Spradlin appealed.

Overruling

  1. Judgment overruling demurrer. (Web site)
  2. The judge either grants the demurrer by sustaining it, or denies it by overruling the demurrer. (Web site)

Allegations

  1. Since this is not an allegation of a cause of action, the demurrer is overruled. (Web site)
  2. In ruling on a demurrer, the trial court must take Plaintiff's factual allegations as true. (Web site)
  3. A demurrer attacks or responds to the legal sufficiency of the complaint without having to answer its factual allegations. (Web site)

Without Prejudice

  1. If a judge sustains a demurrer, he or she may grant it either with prejudice or without prejudice. (Web site)
  2. If the demurrer is granted without prejudice, the other party may correct errors and refile the complaint. (Web site)

Without Leave

  1. Accordingly, the court should sustain the demurrer to the third cause of action for conversion without leave to amend.
  2. The case comes to us on a judgment after a demurrer without leave to amend.

Legal Sufficiency

  1. In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument. (Web site)
  2. The sole function of a demurrer is to challenge the legal sufficiency of a pleading.
  3. In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint. (Web site)

Granted

  1. The trial judge agreed with Ziherl and granted the demurrer. (Web site)
  2. In modern procedure, a motion to dismiss for failure to state a claim upon which relief may be granted replaces the demurrer. (Web site)

Facts

  1. As stated supra, the facts as alleged in the complaint are assumed to be true for purposes of a demurrer.
  2. The demurrer to the first and second causes of action for failure to set forth facts sufficient to constitute a cause of action is overruled. (Web site)

Motion

  1. The County-s Motion to Strike and Demurrer are specious and filed in bad faith.
  2. This motion is similar to a demurrer but is used to request the Court to strike (void) an answer due to a defect within it.

Elements

  1. Usually, a demurrer attacks a complaint as missing one or more required elements of a claim. (Web site)
  2. The trial court denied defendant's demurrer that counts 3, 4, and 5 failed to allege the essential elements of the offenses.

Grounds

  1. A Demurrer attacks the Complaint on technical grounds, such as the failure to properly state the claim.
  2. Action E ; but as these matters are grounds of demurrer or nonsuit, it is now very unusual to plead them in abatement. (Web site)

Parsons

  1. The authorities cited in support of the demurrers of all defendants except Parsons are insufficient to support the sustaining of a demurrer. (Web site)
  2. For the reasons stated above, Parsons' motion to strike under Civil Code Section 1714.10, contained in the body of his demurrer, is denied. (Web site)

Wales

  1. In England and Wales, there is no such demurrer procedure. (Web site)
  2. A demurrer as such is no longer available under the current law of England and Wales. (Web site)

Demurrer

  1. A demurrer can ONLY challenge the complaint as written. (Web site)
  2. A demurrer can be brought as to the entire complaint, or as to one or more causes of action.
  3. In any event, the city asserted, Frazier had waived his right to an appeal by not contesting the demurrer. (Web site)
  4. Spradlin claims that the trial court erred in sustaining Dairyland and Sentry-s demurrer.

Categories

  1. Encyclopedia of Keywords > Society > Law > Civil Law
  2. Encyclopedia of Keywords > Society > Law
  3. Society > Politics > Government > Courts
  4. Glossaries > Glossary of Legal Terms /
  5. Books about "Demurrer" in Amazon.com

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  Short phrases about "Demurrer"
  Originally created: March 06, 2007.
  Links checked: March 15, 2013.
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