Demurrer to Evidence – an admission that although the evidence is true, but argues that such facts do not, in law, establish a right to recover (replaced by Motion for Directed Verdict)

demurrer to evidence:
[ev • i • dense]
(17c)

1. A party’s objection or exception that the evidence is legally insufficient to make a case.  *  Its effect, upon joinder in the demurrer by the opposite party, is that the jury is discharged and the demurrer is entered on record and decided by the court.  A demurrer to evidence admits the truth of all the evidence and the legal deductions from that evidence. [1]

1. An objection made by the defendant to the plaintiff’s evidence as a whole, which concedes the truth of everything the plaintiff has attempted to prove by his evidence, but argues that such facts do not, in law, establish a right to recover.  A demurrer to evidence has largely been superseded in modern practice by a motion for directed verdict or its equivalent. [2]

1 A method of taking a case from the jury, being an objection made by the defendant to the plaintiff’s evidence as a whole, which concedes the truth of all that the evidence tends to establish in favor of the plaintiff, but that the facts thus conceded do not establish in law a right to recover.  The use of a demurrer to evidence is rare in modern practice; it has been supplanted by a motion for a directed verdict or the equivalent of such motion.  53 Am J1st Trial §§ 427, 428. [3]

References:

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[1]:  Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

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