DEMURRER. A pleading which in legal ef fect admits the facts alleged by the opposite party to he true for the purpose of argument. but denies that they are sufficient, as a matter of law, to sustain his claim: or which sets up that there is sonic other defect on the face of the pleading which is a legal reason why the plaintiff should not be allowed to proceed under it. It is always based solely upon is stated in the pleading to which it is interposed, and cannot contain any other defense.
Its purposes vary somewhat in different juris dictions: but. generally, in addition to denying that the facts alleged constitute a cause of action, it may be used to put in issue the jurisdiction of the court, the capacity of the plaintiff to sue, that another action is pending between the par ties for the same cause, that there is a defect of parties plaintiff or defendant. or that several causes of action are improperly joined in the same pleading. It may be interposed to any pleading of either plaintiff or defendant which alleges 'new matter'--that is. something in ad dition to what was set out in the last previous pleading.
It is in the discretion of the court to allow the party whose pleading is thus attacked to amend if the objeetion is well taken and sustained, and great liberality is shown by the courts in this respect. especially where the defect is in sonic
technical matter of form and an amendment cur ing it would not prejudice the opposite party. On the other band, if the demurrer is overruled the demurrant is usually allowed to answer if lie can etmvinee the court there is probable merit in his proposed defense. These privileges are usu ally granted upon terms, as the imposition of eosts to (late of the argument. They have been abolished and other proceedings designed to ac e( mplish like results substituted in the King's Bench and Chaneery divisions of the High Court in England. hut are retained and in constant use in most of the United States, both under the codes and the modified eonnnon-law y t tu of pleading. See AN SW DEMY, demi, from Lat. ditaidiug, half ). A term applied to those holders of schol arships in Sla(vdalen College, Oxford, called demy ships. The name would seem to be a shortened form of the Latin do mi-socii (half-fellows), the formal term by which they are more elegantly distinguished. Of the thirty-eight demyships, there are eight senior, valued each at 1.100, and thirty junior. of the value of 1:50 a year. Addi son was a dewy.