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Recently in one district where the Government had indicted certain persons for conspiracy in connection with rebates, the court sustained the defendant's demurrer; while in another jurisdiction an indictment for conspiracy to obtain rebates has been sustained by the court, convictions obtained under it, and two defendants sentenced to imprisonment.
Thus, courts recognize the statutes of the jurisdiction judicially, although the laws of other jurisdictions, with doubtful wisdom, are left to the jury. /2/ They may take judicial cognizance of a custom of merchants. /3/ In former days, at least, they might inquire about it in pais after a demurrer. /4/ They may act on the statement of a special jury, as in the time of Lord Mansfield and his successors, or upon the finding of a common jury based on the testimony of witnesses, as is the practice to-day in this country.
When you connect a number of these small jars together you have a battery as powerful as that of a large single jar." "I never saw jars like those," objected Dick. Bob beamed at the intelligence of the demurrer.
Hallam, who says:"Nisi per legale judicium parium suorum, vel per legem terra;. Several explanations have been offered of the alternative clause; which some have referred to judgment by default, or demurrer; others to the process of attachment for contempt. Certainly there are many legal procedures besides trial by jury, through which a party's goods or person may be taken.
Mr Bloom thoroughly acquiesced in the general gist of this though the mystical finesse involved was a bit out of his sublunary depth still he felt bound to enter a demurrer on the head of simple, promptly rejoining: Simple? I shouldn't think that is the proper word. Of course, I grant you, to concede a point, you do knock across a simple soul once in a blue moon.
"No, I wish it was, for a misnomer, an alibi, a nonjoinder, a demurrer, a nonsuit, a freemason or a know-nothin' sign to a juror, a temperance wink, or an orange nod to a partisan judge, or some cussed quirk or quibble or another, would carry me through it. No, it ain't that." "What is it then?" "Why," sais I, a bustin' out a larfin, "I am most dead sometimes with the jumpin' toothache."
For some reason or other perhaps the poor woman has none prepared; who knows? the woman, instead of obeying the command like a "guid wifey," enters upon a wordy demurrer, whereupon her husband borrows a hoe-handle from a bystander and advances to chastise her for daring to thus hesitate about obeying his orders; the woman retreats precipitately into the house, heaping Turkish epithets on her devoted husband's head.
It was said that in the earlier instances the duty was dependent on or accessory to the covenant, and that, if the action would lie on the accessory matter, it would lie on the principal. /2/ It was held on demurrer that an action would lie for not procuring certain releases which the defendant had undertaken to get.
To Will's suggestion mother entered a demurrer, but finally yielded before his insistence. Mr. Majors had known father, and was more than willing to aid us, but Will's youth was an objection not lightly overridden. "What can a boy of your age do?" he asked, kindly. "I can ride, shoot, and herd cattle," said Will; "but I'd rather be an 'extra' on one of your trains.
But there was a law among the Romans, that if any persons should fail to keep their property in their own possession, and if, meanwhile, a time amounting to thirty years should pass, that these persons should thenceforth not be entitled to proceed against those who had forced them out, but they were excluded by demurrer from access to the court; and in view of this he established a law that whatever time should be spent by the Vandals in the Roman domain should not by any means be counted toward this thirty-year demurrer.
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