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This was by filing a paper called a "demurrer," in which the particular objections were set out, unless, as was frequently the case, they were so fundamental as to be apparent at the first glance. In many States, however, the objections must always be particularized. In England demurrers are no longer used.
The point of the demurrer was that the action should have been trespass vi et armis. The District Court affirmed the decision of the Borough Court; and an appeal was taken to the Court of Appeals, which reversed the decision of the inferior courts.
The first step was to demur against the tribunal which was to try them, since by the privilege of their order they, as Knights of the Golden Fleece, were amenable only to the king himself, the grand master. But this demurrer was overruled, and they were required to produce their witnesses, in default of which they were to be proceeded against in contumaciam.
Reading it, you get the impression that on the other side quite a covey of lawyers await your arrival. The name of the firm leads you to suppose that there will be barely standing-room in the office. You picture Thorpe jostling you aside as he makes for Prescott to discuss with him the latest case of demurrer, and Winslow and Appleby treading on your toes, deep in conversation on replevin.
But when the cause depends on this circumstance, either that that man does not seem to plead who ought to plead, or that he does not plead with that man with whom he ought to plead, or that he does not plead before the proper people, at the proper time, in accordance with the proper law, urging the proper charge, and demanding the infliction of the proper penalty, then it is called a statement by way of demurrer; because the arguing of the case appears to stand in need of a demurrer and also of some alteration.
The first step was to demur against the tribunal which was to try them, since by the privilege of their order they, as Knights of the Golden Fleece, were amenable only to the king himself, the grand master. But this demurrer was overruled, and they were required to produce their witnesses, in default of which they were to be proceeded against in contumaciam.
This time the effect was immediate, though Monsignor Fornaro, with that easy grace which he introduced into all things, made some ceremony about surrendering. He began by a demurrer, speaking archly with subtle shades of expression. "What! is Monsignor Nani the tattler! But I shall scold him, I shall get angry with him! And what does he know?
He seems to think that, in cases of "judgment by default or demurrer," there is no need of a jury, and thence to infer that legem terrae may not have required a jury in those cases. But this opinion is founded on the erroneous idea that juries are required only for determining contested facts, and not for judging of the law. Mr.
He'd seen his duty a dead sure thing And went for it there and then; And Christ is not going to be too hard On a man that died for men. To which gallant poem of Colonel John Hay's and he has written many gallant and beautiful poems I have but one demurrer: Jim Bludso did not merely do his duty but more than his duty.
"There is the asseveration of Eveline Dunning, met only by the denial of the Assistant Spikeman, who would deny every truth, so only it were necessary for his purpose." "Thou dost prejudice thy cause by want of moderation. It seemeth me, however, that Master Spikeman hath no necessity to join issue with thee on the facts, and that a bare demurrer were all-sufficient to throw thee out of court.
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