(373) and in the latter case the court generally damus and of a demurrer to a plea to the gives the party against whom a demurrer return, see The Queen v. The Postmasterhas been allowed, leave to amend his General, 1 Q. B. D. 658), and to an indictpleading, so as to state facts showing a cause of action or ground of defence. Questions of law may also be raised by special cases, motions for judgment and new trial, &c. The nature of demurrers differs according as they were used at common law or in equity. ment or information. Broom Com. L. 993, п. (р). 29. Criminal procedure. -Demurrers in criminal prosecutions by indictment or information often occur in practice. A general demurrer is founded on some substantial defect in the indictment; a special demurrer, or demurrer in abatement, 25. At common law there were formerly, in England, two kinds of demurrers, viz.: "demuris founded on some formal defect; special rers upon pleading" and "demurrers upon demurrers are nearly obsolete. Archb. evidence." (Co. Litt. 72a.) Demurrers upon pleading were similar to demurrers under the Crim. Pl. 131. See ARREST OF JUDGMENT. present practice, except that a joinder in demurDEMURRER, (defined). 28 Conn. 69, 89. (what constitutes). 6 Cow. (N. Y.) (effect of). 5 Halst. (N. J.) 328. (in equity, effect of). Sax. (N. J.) 43. 555. rer was necessary by the party whose pleading was impeached, and that the pleadings down to the joinder had to be made up into a demurrer book. (Chit. Pr. 928. See ISSUE.) Before the Common Law Procedure Act, 1852, demurrers upon pleading were of two kinds: "general demurrers," or "demurrers to the substance," raising a point of law, and "special demurrers," the issue on a demurrer at law, containor "demurrers to the form," used where the pleading demurred to did not follow the rules of pleading. The latter were called "special" because the defect of form objected to had to be specified in the demurrer. (Co. Litt. 72a; 3 Bl. Com. 315; Steph. Pl. (5) 151.) Special demurrers were abolished by the C. L. P. Act, 1852, 51. There were also demurrers to aid prier, voucher, receipt, waging of law and the like (Co. Litt. 72a), but these were antiquated long before the passing of the Judicature Acts. 26. A demurrer to evidence is raised apon the trial of an action; the party demurring declares that he will not proceed because the evidence offered on the other side is not sufficient to maintain the issue. The practice of moving for a new trial has, in most jurisdictions, superseded this proceeding. 5 Co. 104; Co. Litt. 72a; Steph. Pl. (5) 99, 101; 3 Bl. Com. 372; Chit. Pr. 439. 7. In equity, demurrers are rarely pleaded except by defendants, and are of several kinds, of which demurrers for want of equity, for want of parties, and for multifariousness, are the most important. (Hunt. Eq. 29; Mitf. Pl. 107 et seq.; Dan. Ch. Pr. 470 et seq.) If a demurrer is so framed as to bring in facts not stated in the bill, it is called a "speaking demurrer," and should be overruled. Hunt. Eq. 36; Dan. Ch. Pr. 504. - The chief silver coin among the Romans, worth 8d.; it was the seventh part of a Roman ounce. Also, an English penny. The denarius was first coined five years before 8. Demurring is also applicable to various proceedings not being actions; e. g. to some old common law writs (for an instance of a demurrer to a return to a man- Antiq the first Punic war, B. c. 269. In later times a copper coin was called denarius. Smith. Dict.