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DEMURRER

Formal allegation that facts as stated in the pleadings, even if true, are not legally sufficient for the case to proceed further. It does not admit anything but tests whether the complaint is sufficient to state a cause of action. In modern procedure, a motion to dismiss for failure to state a claim upon which relief may be granted replaces the demurrer. Compare summary judgment. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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