2011 Connecticut Code
Title 52 Civil Actions
Chapter 898 Pleading
Sec. 52-92. Demurrers to be specific.

      Sec. 52-92. Demurrers to be specific. Each demurrer shall distinctly specify the reason or reasons why the pleading demurred to is insufficient.

      (1949 Rev., S. 7814.)

      Language of demurrer held too general. 54 C. 423; 64 C. 76; 66 C. 205; 67 C. 6; 70 C. 318; 96 C. 543; 107 C. 353; 108 C. 388; 109 C. 361. Demurrer to evidence not proper. 66 C. 209. Plea in bar waives right to demur; 74 C. 38; 79 C. 294; filing of second demurrer. 78 C. 575. Demurrer cannot be based on immaterial allegation, as date of personal injury, or on matter not in pleading, as officer's return. 81 C. 284. Court considers entire record. 81 C. 325; 82 C. 367. This section does not apply to demurrer in criminal prosecution. 72 C. 604; 73 C. 18. Demurrer cannot import facts into record. 72 C. 572; 81 C. 653; 82 C. 91. Is ordinarily disregarded if no objection made. 73 C. 538. Must be broad enough to include all pertinent allegations; 82 C. 624; and all possible aspects of pleading attacked. 82 C. 251; 87 C. 370. Demurring to pleading "insofar as it purports to state" a certain cause of action or defense. 85 C. 394. If demurrer is to substance of pleading, it fails, if necessary facts appear, though defectively stated. 69 C. 476; 72 C. 262; 83 C. 515; 80 C. 124; 80 C. 551; 87 C. 72. So does a demurrer to the claim for relief. 71 C. 136; 87 C. 613. Rule that pleadings are to be construed to uphold them not applicable to demurrer. 79 C. 257. Requisites to attack construction of written instrument. 77 C. 508; 83 C. 210. Joining plea and demurrer in reply. 75 C. 356. Proper form to attack one of several causes of action alleged in single count. 85 C. 394. Taking advantage of statute of limitations. 72 C. 687; 77 C. 110; 81 C. 284; 83 C. 503. Failure of facts to justify relief sought. 82 C. 153. Unconstitutionality of law. 73 C. 18; 82 C. 353. Joining of allegations of law and fact. 75 C. 285; 77 C. 508; 80 C. 176; id., 206. Premature bringing of action. 71 C. 473; 72 C. 271. Misjoinder of causes of action. 79 C. 673. Statement of law. 80 C. 192; 109 C. 634. Misjoinder of parties. 67 C. 272. Nonjoinder of parties. 91 C. 501; 109 C. 361. Does not reach irrelevant or evidential allegations. 71 C. 708; 75 C. 177; 82 C. 633; 87 C. 72. Where proper and improper allegations of damage joined. 84 C. 111. Uncertainty of allegation. Id., 450. Improper repetition. 80 C. 124. Surplusage. 80 C. 551. Sufficiency of allegations of material paragraph. 85 C. 394. Not proper way to raise question of jurisdiction. 85 C. 679. Demurrer to prayer for relief. 68 C. 45; 76 C. 194; 79 C. 689. Fails if any facts provable justify it. 71 C. 136; 87 C. 663. Effect of admission by demurrer. 64 C. 160; 68 C. 345; 74 C. 459; Id., 588; 76 C. 311; Id., 534; 79 C. 219; 80 C. 124; 81 C. 328; 82 C. 585; 83 C. 140; 84 C. 280; 85 C. 275; 86 C. 351. Demurrer addressed to but one of two causes of action stated in the complaint fails. 92 C. 277; 95 C. 594. One of two defendants adversely interested may demur to answer of the other. 93 C. 374. Error held harmless where trial court treated demurrers to separate paragraphs as though addressed to single defense they set out. Id., 392. Facts judicially noticed are available. 95 C. 703. Cited. 133 C. 284. Cited. 134 C. 19. Cited. 136 C. 73. The constitutionality of a statute upon which a criminal prosecution is based can be raised by demurrer. 146 C. 78. Filing of a demurrer operates as a waiver of any right to a determination of a motion to expunge. Id., 634. Where court sustained a demurrer on grounds other than those claimed by the defendant, the ruling may be upheld if a proper conclusion was reached. 148 C. 430. Cited. Id., 697. Failure of specificity as to insufficiency of pleading held not fatal when question decided in ruling on demurrer controls disposition of case. 152 C. 243. Demurrer found defective under statute for failure to specify reason why count insufficient. 159 C. 499.

      Cited. 4 CS 422. Motion to quash is equivalent to a demurrer. Since all demurrers are required to be special, certain grounds of the motion which fail to point out any particular in which the writ is insufficient cannot be considered. 6 CS 76. Cited. 12 CS 285. Cited. 14 CS 130. Too broad a demurrer will be fatally defective for generality. Id., 313. Statute of limitations cannot be raised by demurrer unless it appears on the face of the complaint that the applicable statute has run. 15 CS 434. General demurrers are no longer a part of our system of pleading. 16 CS 142. Demurrer fatally defective in failing to refer to the statute of limitations relied upon. 17 CS 1. Demurrer to complaint as a whole not proper where only one count concerned defendant. 18 CS 144. Distinction drawn between general and special demurrer. Id., 478. Cited. Id., 482. Cited. 19 CS 125. Demurrer cannot properly be sustained on a ground not advanced therein. Id., 270; Id., 388, but see 148 C. 430. Cited. Id., 394. Demurrer cannot import additional facts into the record. 20 CS 496. Cited. Id., 503.A demurrer to a plea to the jurisdiction and in abatement operates to waive a motion to strike the plea. 21 CS 240. Upon a demurrer, a pleading which sets forth a written agreement is to be tested not only by the writing itself but also by the facts which are provable under the allegations. Id., 367. In considering a demurrer, an allegation of fact cannot be imported into a complaint. 23 CS 79. Cited. Id., 153. Counts stating carrier absolutely liable for transporting inherently dangerous chemicals properly demurrable. 25 CS 191. Allegations of complaint sufficiently allege facts which, if proven, would establish right to indemnity from defendants; hence defendants' demurrers overruled. 28 CS 92. Where plea in abatement attacked service of a complaint under the "long arm" statute, section 52-59b, demurrer which asserted as matter of law facts pleaded did not show lack of jurisdiction, held sufficiently specific. 31 CS 429.