He began by a demurrer, speaking archly with subtle shades of expression.
Thus might a divine say: Will he arrest the judgments of God by a demurrer?
That is to say, it is a case that ought to be beaten on demurrer.
Nor can the court assume, as admitted facts, the averments of the plea from the confession of the demurrer.
To this plea in abatement, a demurrer having been interposed on behalf of the plaintiff, it was sustained by the court.
The court below sustained the demurrer, holding that the plea was insufficient in law to abate the suit.
This want of jurisdiction can only be ascertained by a judgment on the demurrer to the special plea.
This has not been done; and on this ground the plea was defective, and the demurrer was properly sustained.
This was not what she wanted, but she yielded it without a demurrer.
Lincoln was teasled as the court sustained a, demurrer about his papers being deficient.