| 释义 |
▪ I. demurrer1|dɪˈmʌrə(r)|
Also 6 (erron.) demurrour, 7 demourer.
[a. Anglo-Fr. demurrer = OF. demourer, pres. inf. (see demur v.) used as n.: cf. refresher, user.]
1. Law. A pleading which, admitting for the moment the facts as stated in the opponent's pleading, denies that he is legally entitled to relief, and thus stops the action until this point be determined by the court.
1547Act 1 Edw. VI, c. 7 §1 The Process, Pleas, Demurrers and Continuances in every Action. 1565Sir T. Smith Commw. Eng. (1609) 67 If the question be of the law, that is, if both the parties doe agree vpon the fact, and each doe claime that by law hee ought to haue it..then it was called a demurrer in law. 1660Trial Regic. 107 If you demur to the Jurisdiction of this Court, I must let you know that the Court doth over-rule your demurrer. 1794Godwin Cal. Williams 43 By affidavits, motions, pleas, demurrers, flaws, and appeals, to protract the question from term to term and from court to court. 1809Tomlins Law Dict. s.v., Demurrers are general, without shewing any particular causes; or special, where the causes of demurrer are particularly set down. 1861May Const. Hist. (1863) II. x. 230 He pleaded Not Guilty to the first fourteen counts, and put in demurrers to the others. 1864Bowen Logic ix. 299 A Demurrer has been happily explained to be equivalent to the remark ‘Well, what of that?’
b. transf. An objection raised or exception taken to anything; = demur n. 3.
1599Marston Sco. Villanie ii. vii. 205 Slowe-pac't dilatory pleas, Demure demurrers, stil striving to appease Hote zealous loue. 1873H. Spencer Stud. Sociol. ii. (ed. 6) 45 This reply is met by the demurrer that it is beside the question.
†2. A pause, stand-still; a state of hesitation or irresolution; = demur n. 2. Obs.
1533More Debell. Salem Wks. 945/1 The matter is at a demurrour in this poynt, and we at your iudgement. 1627F. E. Hist. Edw. II (1680) 42 The greenness of the Disgrace kept him in a long demurrer. 1645Wither Vox Pacif. 93 Not well discerning whether Griefe, Shame, or Anger, that demurrer caus'd.
†3. = demurrage 2 a. Obs. rare.
1622Malynes Anc. Law-Merch. 117 If the Master doe not stay out all his daies of demourer agreed vpon by the charterpartie of fraightment.
▪ II. demurrer2|dɪˈmɜːrə(r)|
[f. demur v. + -er1.]
One who demurs.
1711Addison Spect. No. 89 ⁋1, I shall distinguish this Sect of Women by the Title of Demurrers. 1742Young Nt. Th. ix. 1364 And is Lorenzo a demurrer still? 1812Examiner 7 Sept. 565/1 It is..customary..to hear the demurrer's reasons. |