(di-mər-ər)
A. A pleading stating that although the facts alleged in the complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer.
Listen to pronunciationLegal Definition -
[Law French demorer "to wait or stay"] A pleading stating that although the facts alleged in the complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer. * In most jurisdictions, such a pleading is now termed a motion to dismiss, but the demurrer is still used in a few states including California, Nebraska and Pennsylvania.
Black's Law Dictionary® Eighth Edition © 2004
Commentary -
"The word 'demurrer' derived from the Latin demorari or the French demorer, meaning to 'wait or stay,' imports that the party demurring waits or says in his proceedings in the action until the judgment of the Court is given whether he is bound to answer to so insufficient a pleading. Each party may demur to what he deems an insufficient pleading of the other. The demurrer was general when it was to matter of substance; it was special when it was made to matter of form, and must specifically point out the defect." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 15 (2nd ed. 1899)