admission by demurrer

An admission for the pur poses of the demurrer only. A demurrer admits the facts well pleaded in the pleading attacked, and inferences of fact arising from the facts pleaded, for the purpose of testing the legal sufficiency of the pleading, not for the purpose of evidence in the case; once the demurrer is overruled, the admission by demurrer has served its purpose and is not to be considered evidence in the case. 41 Am J1st Pl §§ 238, 239.

Ballentine's law dictionary. . 1998.

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