85, 100 (1920) (reversing judgment sustaining demurrer
to indictment for violation of the Sherman Act); Thomsen v.
The defendants filed a demurrer
(most states refer to it as a motion to dismiss for failure to state a cause of action).
The trial court sustained the demurrer
and Kim's claim was dismissed.
at 461 (overruling defendant's demurrer
, holding that a court of chancery will protect against this violation of contract and breach of confidence).
sustained their demurrer
, finding that the evidence was insufficient to
defendant to bring its motion to dismiss or demurrer
in state court.
Because the litigation was at an initial demurrer
stage of proceedings and no proof had yet been taken on the merits, however, the state Supreme Court presumed the allegations to be true.
68) Indeed, despite this attempt to secure Sterne to an Irish tradition of writing, Eagleton returns him to an English canon in a chapter on the author in The English Novel (2005)--with just a concluding demurrer
concerning the 'puzzle' that Sterne represents within this tradition, which is referred to an uncanny absorption of Irish culture during his early years in the nation.
for failure to state a claim descends from the common law demurrer
Over time, the practice of demurrer
became a procedural mechanism for a non-suit, or no case to answer, and the non-suit began to resemble a directed verdict.
The trial court granted ACSC's demurrer
without leave to amend, finding that Reid's assault and battery of Delgado was not an accident warranting defense or indemnity.
To Andrew's polite demurrer
, he added: "I understand so intimately how you feel, for so many of my Kurdish compatriots were as helpless in Saddam Hussein's Iraq.
Neither bill of complaint is dated, but Morecombe's answer in the first suit is dated May 7, 1604, and the demurrer
of the Rymans and Beare in the second suit is dated May 9, 1604.
The serious tone behind his whimsical demurrer
that had evoked laughter in the audience he was addressing pinpoints his tone of bemusement to bewilder yet attend to his thoughtful, probing theme.
Since this paper was written the Tribe's treaty claims Newport News and the State Water Control Board have survived motions of demurrer
and summary judgment.