Demurrer
Summary
English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the United States adopted this pleading system. The plaintiff initiated the process by filing the declaration, which outlined the cause of action. The defendant responded to the declaration in a plea. The plaintiff, in turn, filed a replication. At any point during this process, the opposing party could file an objection known as a demurrer, which stated that either the substance or the form of the opposing party’s pleading was insufficient in law and did not require a response. A special demurrer is one that objects to the form, rather than the substance, of the pleading.
Links
- Bill of Costs, 10 August 1844–A [ C. A. Foster v. JS and Coolidge ]
- Bill of Costs, 11 November 1845 [ Coolidge Administrator of the Estate of JS v. Reynolds and Wilson ]
- Bill of Costs, 23 January 1845 [ JS v. Reynolds and Wilson–A ]
- Bill of Costs, 3 July 1845 [ Coolidge Administrator of the Estate of JS v. Reynolds and Wilson ]
- Bill of Costs, 9 August 1844 [ F. M. Higbee v. JS–B ]
- Decree, 21 October 1843 [ Clayton v. E. W. Rhodes et al. ]
- Demurrer, circa 14 September 1843–A [ JS v. Reynolds and Wilson–A ]
- Demurrer, circa 14 September 1843–B [ JS v. Reynolds and Wilson–A ]
- Demurrer, circa 18 May 1845 [ JS et al. v. C. B. Street and M. B. Street]
- Demurrer, circa 21 May 1844 [ C. A. Foster v. JS and Coolidge ]
- Demurrer, circa 28 May 1844 [ C. A. Foster v. JS and Coolidge ]
- Demurrer, circa 28 May 1844 [ F. M. Higbee v. JS–B ]
- Demurrer, circa 3 May 1841 [ Gray v. Allen ]
- Demurrer, circa 8 May 1844 [ JS v. Reynolds and Wilson–A ]
- Docket Entry, Answer Filed, 20 October 1843 [ Clayton v. E. W. Rhodes et al. ]
- Docket Entry, Confessed Demurrer, Leave to Amend Declaration, and Judgment, 10 May 1841 [ Gray v. Allen ]
- Docket Entry, Demurrer Sustained and Leave to Amend, 21 October 1845 [ JS et al. v. C. B. Street and M. B. Street ]
- Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [ JS et al. v. C. B. Street and M. B. Street ]
- Docket Entry, Demurrer Sustained, 29 May 1844 [ F. M. Higbee v. JS–B ]
- Docket Entry, Demurrer, 19 May 1845 [ JS et al. v. C. B. Street and M. B. Street ]
- Docket Entry, Demurrer, 22 May 1844 [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, Demurrer, 22 May 1844, Copy [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, Demurrer, 30 May 1844 [ JS et al. v. C. B. Street and M. B. Street ]
- Docket Entry, Leave to Amend, 10 June 1837 [ Rounds qui tam v. JS ]
- Docket Entry, Motion, 16 October 1843 [ Clayton v. E. W. Rhodes et al. ]
- Docket Entry, Motions, 18 October 1843 [ Clayton v. E. W. Rhodes et al. ]
- Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [ Rounds qui tam v. Kingsbury ]
- Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [ Rounds qui tam v. Parrish ]
- Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [ Rounds qui tam v. Rigdon ]
- Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [ Rounds qui tam v. Whitney ]
- Docket Entry, Overruled Demurrer and Continuance, 10 June 1837 [ Rounds qui tam v. Williams ]
- Docket Entry, Pleas and Demurrer, 29 May 1844 [ F. M. Higbee v. JS–B ]
- Docket Entry, Sustained Demurrer, 29 May 1844 [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, Sustained Demurrer, 29 May 1844, Copy [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, Sustained Demurrer, 30 October 1844 [ JS et al. v. C. B. Street and M. B. Street ]
- Docket Entry, Withdrawn Demurrer, 27 May 1844 [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, Withdrawn Demurrer, 27 May 1844, Copy [ C. A. Foster v. JS and Coolidge ]
- Docket Entry, circa 29 June 1837 [ Fisher v. Stratton ]
- Introduction to C. A. Foster v. JS and Coolidge
- Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B
- Introduction to JS et al. v. C. B. Street and M. B. Street
- Introduction to JS v. Reynolds and Wilson
- Minutes, 30 May 1844 [ United States v. Jeremiah Smith on Habeas Corpus–A ]
- Transcript of Proceedings, 10 August 1844 [ C. A. Foster v. JS and Coolidge ]
- Transcript of Proceedings, 10 August 1844 [ F. M. Higbee v. JS–B ]
- Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [ Clayton v. E. W. Rhodes et al. ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. Whitney ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. Williams ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. JS ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. Kingsbury ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. Parrish ]
- Transcript of Proceedings, circa 25 October 1837 [ Rounds qui tam v. Rigdon ]