special demurrer

The pleading was, however, objectionable on various formal grounds which formed the basis of the special demurrer.

The case was tried on special demurrer, that is a demurrer based on specific objections to the form of the pleadings.

A special demurrer refers to an attack on the form, rather than the substance, of the charge: if the defendant correctly identifies some defect "on the face" of the indictment, then the charges are subject to being dismissed, although usually the indictment can be re-drawn (re-written) and re-presented to the grand jury or other charging authority.