Haceptio

In Romanlaw. An exception.

In a general sense, a judicial alle gation opposed by a defendant to the pisintiff's action. Calvin. A stop or stay to an action opposed by the defendant. Cowell. Answering to the “defense” or “plea” of the common Jaw. An allegation and defonse of a defendant by which the plaintiff's claim or complaint is defeated, either accord- H ing to strict law or upon grounds of equity.

In a stricter sense, the exelnsion of an action that lay in stricé law, on grounds of equity, (aclionis jure stricio competentis ob wyuitatem exeiusio.) Heinece. A kind of limitation of an action, by which it was shown that the action, though otherwise just, did not lie in the particular ease. Calvin. A species of defense allowed in cases where, though the action as brought by the plaintiff waa in itself just, yet il 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 Lhey 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.