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"Why, my dear fellow, you would like me less if I were changed from what you call the beast of prey to such a house-dog as are most of your acquaintances. I refresh you in a life of drab monotony, because of my outspoken repudiation of things that life's copy-cats accept without thought or demurrer.
"While novelists and dramatists are constantly making mistakes as to the law of marriage, of wills, and of inheritance, to Shakespeare's law, lavishly as he propounds it, there can neither be demurrer, nor bill of exceptions, nor writ of error"?
The man against whom the action is brought pleads a demurrer before the praetor, without there being any prejudice to a man on trial for his life. The man who brings the action demands a trial on the simple fact, the man against whom the action is brought says that a demurrer ought to be added. The question is "Shall the demurrer be allowed or not?"
They know the last day for serving the demurrer in Bilbank against Terwilliger and whether or not you can tax a referee's fee as a disbursement in a bill of costs; they are experts on the precise form for orders in matrimonial actions and the rule in regard to filing a summons and complaint in Oneida County; they stand between the members of the firm and disagreeable clients; they hire and discharge the office boys; they do everything from writing a brief for the Supreme Court of the United States down to making the contract with the window cleaners; they are the only lawyers who really know anything and they were once promising young men, who have found out at last that life and the Sunday-school books are very far apart; but they run the works and make the law a gentleman's profession for the rest of us.
And that, owing to the demurrer, everything will be in confusion, if matters are not conducted and brought into court as they ought to be; that is to say, if it is either pleaded against a man it ought not, or with an improper penalty, or with an improper charge, or at an improper time; and this principle applies to any confusion of every sort of tribunal.
But the demurrer itself he will prove first of all, by dwelling on the guilt and audacity of the man to whom he imputes the crime, and by bringing it before the eyes of the judges with as much indignation as possible if the case admits of it, and also with vehement complaint, and afterwards by proving that the accused person chastised the offence more lightly than the offender deserved, by comparing the punishment inflicted with the injury done.
She had not grown to maturity inside, like Delafield, but as an exile from a life which was yet naturally hers an exile, full, sometimes, of envy, and the passions of envy. It had no terrors for her quite the contrary this high social state. Rather, there were moments when her whole nature reached out to it, in a proud and confident ambition. Nor had she any mystical demurrer to make.
But he could always be depended upon. His suits, though sometimes long in coming, were sure to come at last. Great was the surprise of the editor when, in May, 1840, a process was served upon him for a libel printed eleven months before. He was indignant that the prosecutor had waited so long. A demurrer was filed and argued in July, 1840, at the Utica term of the Supreme Court.
Well, they would find out who they were trying to keep off that Board. What if they did put him in jail? A good lawyer would get him out in a few minutes with a writ of something or other, a stay of proceedings, a demurrer, a legal technicality. He read the papers.
"Stand up," said Judge Helm to the prisoners when the rustle occasioned by their appearance had subsided, "You are arraigned " Colonel Washington interrupted the Judge here to say that he wished to enter his demurrer to the indictment before the arraignment. He was overruled. The men were then arraigned and asked to plead. "Not guilty, as to Walling," said Colonel Washington.
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