Exceptio

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 Roman law. An exception.

In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calvin. A stop or stay to an action opposed by the defendant Cowell. Answering to the "defense" or "pica" of the common law. An allegation and defense of a defendant by which the plaintiff's claim or complaint is defeated, either according to strict law or upon grounds of equity.

In a stricter sense, the exclusion of an action that lay in strict law, on grounds of equity, (actionis jure stricto competentis ob œquitatem exclusio.) Heinecc. 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. Calvin. 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.

In modern civil law. A plea by which the defendant admits the cause of action, but alleges new facts which, provided they be true, totally or partially answer the allegations put forward on the other side; thus distinguished from a mere traverse of the plaintiff's averments. Tomkins & J. Mod. Rom. Law, 90. In this use, the term corresponds to the common-law plea in confession and avoidance.

— Exceptio dilatoria. A dilatory exception ; called also "temporalis," (temporary ;) one which defeated the action for a time, (quæ ad tempus nooet,) and created delay, (et temporis 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 doll mail. An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. lOOb.

— Exceptio dom-minii. A claim of ownership set up in an action for the recovery of property not in the possession of the plaintiff. Mackeld. Rom. Law, § 299.

— Exceptio dotis cautæ non numerate. A defense to an action for the restitution of a dowry that it was never paid, though promised, available upon the dissolution of the marriage within a limited time. Mackeld. Rom. Law, § 458.

— Exceptio in factum. An exception on the fact. An exception or plea founded on the peculiar circumstances of the case. Inst. 4, 13, 1.

— Exceptio in personam. A. plea or defense of a personal nature, which may be alleged only by the person himself to whom it is granted by the law. Mackeld. Rom. Law, § 217.

— Exceptio in rem. A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, including the heirs and sureties of the proper or original debtor. Mackeld. Rom. Law, § 2l7.

— Exceptio jnris-jurandi. An exception of oath; an exception or plea that the matter had been sworn to. Inst. 4, 13, 4. This kind of exception was allowed where a debtor, at the instance of his creditor, (creditore deferente,) had sworn that nothing was due the latter, and had notwithstanding been sued by him.

— Exceptio metus. An exception or plea of fear or compulsion. Inst. 4, 13, 1, 9; Bract, fol. 100b. Answering to the modem plea of duress.

— Exceptio non adimpleti contractus. An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plnintiff is not entitled to sue because he has not performed his own part of the agreement. Mackeld. Rom. Law, § 394.

— Exceptio non solutæ pecuniae. A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an acquittance or receipt given by the person to whom the payment is stated to have been made. Mackeld. Rom. Law, § 534.

— Exceptio pacti conventi. An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.

— Exceptio pecuniae non numeratæ. An exception or plea of money not paid ; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.

— Exceptio peremptoria. A peremptory exception; called also "perpetua," (perpetual ;) one which forever destroyed the subject-matter or ground of the action, (guæ semper rem de qua agitur perimit;) such as the exceptio doli mali, the exceptio metus, etc. Inst. 4, 13, 9. See Dig. 44, 1, 3.

— Exceptio rei judicatae. An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and is constantly used in modem law to denote a defense founded upon a previous adjudication of the same matter. Bract, fols. 1006, 177; 2 Kent, Comm. 120. A plea of a former recovery or judgment.

— Exceptio rei venditae et traditae. An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence of the rule that no one can transfer to another a greater right than he himself has, no property was transferred, yet because of some particular circumstance the real owner is estopped from contesting it. Mackeld. Rom. Law, § 299.

— Exceptio senatusconsulti Macedoniani. A defense to an action for the recovery of money loaned, on the ground that the loan was made to a minor or person under the paternal power of another; so named from the decree of the senate which forbade the recovery of such loans. Mackeld. Rom. Law, § 432.

— Exceptio senatusconsulti Velleiani. A defense to an action on a contract of suretyship, on the ground that the surety was a woman and therefore incapable of becoming bound for another ; so named from the decree of the senate forbidding it. Mackeld. Rom. Law, § 455.

— Exceptio temporis. An exception or plea analogous to that of the statute of limitations in our law ; viz., that the lime prescribed by law for bringing such actions has expired. Mackeld. Rom. Law, § 213.

A keeping out; an exclusion; exception. Exceptio probat regulam. The exception proves, that is, either confirms or tests, the rule: '• proves," by not being within the reason; " tests " the form in which expressed, by observing whether exceptions must be allowed.

Lat.

In modem civQ law. Any objection of a defendant by which he alleges a newfa^t, in order to defend himself against the action; as distinguished from a simple denial of the facts alleged by the plaintiff. 1 Mackeld. Civ. Law, 207, § 204. Answering to the plea in confession and avoidance, in the common law.