speaking demurrer

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
SPEAKING DEMURRER, equity pleading. One which contains an argument in the 
body of it; as, for instance, when a demurrer says, "in or about the year 
1770," which is upwards of twenty years before the bill filed. 2 Ves. jr. 
83; S. C. 4 Bro. C. C. 254. 
    

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