Exceptio
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In Roman Law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calv. Lex., citing Hotoman. A stop or stay to an action opposed by the defendant, Cowell; Halifax, Anal. bk.
3, c. 5.
Answering to the "defense" or "plea" of the common law. In a stricter sense, an equitable "exception" to the general rule of law; the exclusion of an action that lay in strict law, on grounds of equity.
Heinec.
Elem. Jur. Civ. lib.
4, tit. 13, § 1277.
A kind of limitation of an action, by which it was shown that the action, though otherwise just, did not lie in the particular case. Calv. Lex. A species of defense allowed in cases where, though the action as brought by the plaintiff was in itself just, yet it was unjust as against the particular party sued.
Inst. 4. 13. pr.
A mode of defense to an action, consisting of facts which, though they do not ipso jure destroy the right of action, serve to protect the defendant on equitable grounds.
1 Mackeld.
Civ. Law, p.
207, § 204; Id. p.
209, § 206, and note. In Modern Civil Law. Any objection of a defendant by which he alleges a new fact in order to defend himself against the action, as distinguished from a simple denial.
1 Mackeld.
Civ. Law, p.
207, § 204.
Answering to the plea of confession and avoidance in the common law. In the Early Common Law. The first In the Canon Law. The second pleading in an action. Corv. Jiis. Canon, lib. iii. tit.
32. —
In Old Practice
An exception taken at the trial. Fleta, lib.
6, c. 55, § 8.
In Old Conveyancing. An exception in a deed or other instrument.
9 Coke, 53.
EXCEPTIO DILATORIA (Lat.) In the civil law.. A dilatory exception; called, also, "temporalis" (temporary); one which defeated the action for a time {quae ad ternpus nocet), and created delay (et temporia dilationem tribuit); such as an agreement not to sue within a certain time, as five years.
Inst. 4. 13. 10. See Dig. 44. 1. 3.
EXCEPTIO DOLI MALI (Lat.) In the civil law. An exception or plea of fraud.
Inst. 4. 13. 1. 9; Dig. 44. 4; Bracton, fol. 100b.
EXCEPTIO EJUS REI CUJUS PETITUR dissolutio nulla est. A plea of that matter the dissolution of which is the object of the action is of no effect.
Jenk. Cent. Cas, 37.