demurrable
demurrable (di-m[schwa]r-[schwa]-b[schwa]l), adj. (Of a claim, pleading, etc.) subject to a demurrer (a demurrable pleading). See DEMURRER.
demurrable (di-m[schwa]r-[schwa]-b[schwa]l), adj. (Of a claim, pleading, etc.) subject to a demurrer (a demurrable pleading). See DEMURRER.
parol demurrer 口头法律抗辩;当事人欠缺行为能力的抗辩 旧时普通法上,在未成年继承人〔infant heirs〕长辈的债权人对该未成年继承人提起的债务诉讼中,任一方当事人都有权请求中止诉讼,留待该继承人成年之后再作处理。这里demurrer的意思是停止或暂停,而parol则指诉状或诉答〔pleadings〕,因其最初是以口头形式进行的,所以以此称之。
riens passa per le fait (ryan pah-sah pair l[schwa] fay). [Law French “nothing passed by the deed”] Hist. A plea by which a party seeks to avoid the operation of a deed that has been enrolled or acknowledged in court.
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A general denial of all the allegations except the allegations that the pleader expressly admits.
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notice of appearance. 1. Procedure. A party’s written notice filed with the court or oral announcement on the record informing the court and the other parties that the party wants to participate in the case. [Cases: Appearance 6; Federal Civil Procedure 561. C.J.S. Appearances § 20.] 2. Bankruptcy. A written notice filed with the court
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A prosecutor’s power to choose from the options available in a criminal case, such as filing charges, prosecuting, not prosecuting, plea-bargaining, and recommending a sentence to the court. [Cases: Criminal Law 29(3); District and Prosecuting Attorneys 8. C.J.S. District and Prosecuting Attorneys §§ 20–21, 29–30.]
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lessor of the plaintiff. Hist. The true party in interest prosecuting an action for ejectment. • At common law, an ejectment action was theoretically only for the recovery of the unexpired term of the lease. Conventions of pleadings at the time required the true plaintiff to grant a fictitious lease, thereby becoming a lessor, to
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ne unques son receiver (nee [schwa]ng-kweez sawn ri-see-v[schwa]r), n. [Law French “never a receiver”] In an action for an accounting, the defendant’s plea denying the receipt of anything from the plaintiff. — Also termed ne unques receivour.
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Civil law. A plea by which a party other than the plaintiff asserts a claim that is related to the plaintiff’s suit. • Examples include a cross-claim, a demand against a third party, an intervention, and a reconventional demand. La. Code Civ. Proc. art. 1031.
et sic de anno in annum quamdiu ambobus partibus placuerit (et sik dee an-oh in an-[schwa]m kwam-dee-yoo am-b[schwa]-b[schwa]s pahr-t[schwa]-b[ schwa]s plak-yoo-air-it). Hist. And so, from year to year, so long as both parties please, or are agreed. • The phrase appeared in reference to tacit relocation. See TACIT RELOCATION.
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