303, 18 L. Ed. 475; Shaw v. Chase, 77 Mich. 436, 43 N. W. S83. A speaking demurrer is one which, in order to sustain itself, requires the aid of a fact not appearing on the face of the pleading objected to, or, in other words, which alleges or assumes the existence of a fact not already pleaded, and which constitutes the ground of objection. Wright v. Weber, 17 Pa. Super. Ct. 455; Walker v. Conant, 63 Mich. 194, 31 N. W. 786; Brooks v. Gibbons, 4 Paige (N. Y.) 375: Clarke v. Land Co., 113 Ga. 21, 38 S. E. 323. A ol demurrer (not properly a demurrer at all) was a staying of the pleadings; a suspension of the proceedings in an action during the nonage of an infant, especially in a real action. Now abolished. 3 Bj. Comm. 300. —Demurrer book. In practice. A record of the issve on a demurrer at law, containing a transcript of the pleadings, with proper entries; and intended for the use of the court and counsel on the argument. Comm. 317; 3 Steph. Comm. 581.—Demurrer ore tenus. This name is sometimes given to a ruling on an objection to evidence, but is not properly a demurrer at all. Mandelert vy. Land Co., 104 Wis. 423, 80 N. W. 726.—Demurrer to evidence. This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary had produced was insufficient in point of law (whether true or not) to make out his case or. sustain the issue. Upon joinder in demurrer, the jury was discharged, and the case was ar