DEMURRER, in English law, is an exception by one party in a suit or action to the sufficiency in point of law of the case of the opposite party. At common late, each party might demur to the sufficiency of the pleading of the opposite party. •The party whose pleading was demurred to might either amend or put in a joinder in demurrer. A demurrer in equity, like a D. in law, admitted the facts of the case, but stated objec tions to the form of the bill in equity (q.v.), or the sufficiency of the plaintiff's case to :?i..stain the remedy craved. Since the judicature act of 1875, a D. is argued before a divisional court if in the queen's bench, common pleas, or exchequer division of the high court.; before a single judge, if in the chancery division, or in the probate, divorce, and admiralty division.
_Demurrer to evidence is also a form of procedure which existed in both common law and equity practice. In the former it had long been almost obsolete; and in its place was substituted a motion for a new trial (q.v.). It may arise on a trial at bar or at Nisi Prins (q.v.). It admits the facts proved, but objects that they are not sufficient to sus tain the issue. In equity, a D. to evidence is where a witness refuses to answer a
question put to him by direction of the court. The objection is then taken down in writing, and is argued before the judge by whom the interrogatories were settled.
Demurrer to a criminal indictment is also almost obsolete. After the passage of 7 Geo. IV. c. 64, this form of D., which was formerly of little moment, became of consequence to a prisoner, inasmuch as by neglecting to state in the form of a D. his objection to an indictment, he was precluded from afterwards insisting in them. But by 14 and 15 Viet. c. 100, it is enacted that no indictment shall for any of these defects be held insufficient; and further, that every objection for any formal defect in an indictment shall be taken before the jury is sworn, and may be amended by the judge. This last provision places demurrers in criminal cases on a similar footing to that of objections to the indictment in Scotland. There is, however, this material difference, that in Scotland the defect cannot be immediately remedied, but the pris oner, if the objection be sustained, undergoes a further detention in jail on a new indict ment.