Page:Black's Law Dictionary (Second Edition).djvu/465

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EXCEPTIO

paternal power of another; so named from the decree of the senate winch forbade the recovery oi uvwh l(llIu'i. Mackeld. Rom. Law. § -32.— Ihreptio senrtnsoonsnlti Velleiani. A defr-rn tn un action on in contract of surctyshin. or.-1 w ‘_lw'v‘ H ->r rho . H't\l'V “as u woman and n-n-hm 4.. v v of in-coming bound for no- u-'. r '-) u u i a the decree of a senate Fur xi g l 'l no.1: l.l'| 11«uv_§-l ccptio te._.prvri.. An c eptinn or plea an: — - —: to ih t of the statute of iimitatu-ns In li'[.. that the time prescribed by law '1: such actions has expired. liiackeld. lion. l.i.« E 213.


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Hxceptio ejns rei onjns pctitnr disso- Intio nnlla. est. A plea of that matter the vhssoiutmu or which is sought [by the actiunl is null, [or of no effect] Jenh. Cent 37. uuse 71.

Exceptio fnlsi omnium Ialtimn. A plea denying a fact is the last of all

Exceptio nulls est versus aetionem qua exceptionem perimit. There is [Con he] no plen ngralnst no action which destroys [the matter of] the plea. Jenk. Cent. 106. case 2

Exceptiu prolmt regalnm. The exception proves the rule. 11 Coke, 41; 3 Term. 7122. Sometimes quoted with the addition “dz 1-rims mm mzcrptis," ("so far as cocnerns the matters not excepted")

Exoeptio qua fix-mat legem, exponit legem. An exception which coutinns the law explains the law. 2 Bulst. 13).

Ilxceptiu semper ultimo ponendn. est. An exception should always be put last 9 Cake, 53.

EXCEPTION. In practice. A fonnal objection to the action of the court, during the tri a of a cause, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court, but will seek to procure its reversal. nud that he means to save the benefit of his request or objection in some future proceeding. Suelling v. ‘fetter, 25 App. Div. .500, 49 N. 1‘. Supp. 917; People v. Torres. 38 Cal. 142; l\'orton v. Livingsiou, 14 S. C. 178; Kline v. \\-'y'nne, 10 Ohio St. 228.

it is also someirhat used to signify other objections in the course of a suit: for ex- ample. exception to hnii is a formal objection that special hail offered by defendant are insulficient. 1 Tldd, Pr. 255.

An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a court, trilnunui. judge, or other judicial officer. in an action or proceeding. The exception must be taken at the time the decision is made. Code Civ. Proc. Cal. 5 646.

In admiralty and equity practice. An exception is a formal allegation tendered by I party that some previous pleading or pro-

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EXCESSIVE

ceedlug taken by the adverse party is insufficient. Peck v. Osteen, 37 Fla. 417, 20 South. 5-19; Arnold v. Slaughter, 36 W. Va. 589, 15 S. E. 250.

In statutory law. An exception in a statute is a clause designed to reserve or ex- empt some individuals from the gzeneral class of persons or things to which the language of the not in general attaches.

\n cxception (lilIeIs from an explanation, which, by the use of a uidr-Ii.<cn‘,_ proviso, etc., is allowed only to explain doubtful clauses prece- or to sep:Il"Il.e and rli.-trihnte :2 - iexals into Lulars. Cutler v. Tufts, 3 Pl ls. (1\lnss.)

In contracts. A clause in a deed or other conveyance by which the grantor exrepts somelhlng out of that which he gianted before by the deed. l\[or1-is-on v. Bank. 88 .\le. 155. 33 Atl. 782: Gould v. Glass. 19 Barb. (N. Y.) 192; Coal Creek Min. Co. v. Heck, 83 Term. 497; Winston v. Johnson. 42 liilnu. 398, 45 N. W. 958: Bryan L Bradley, 16 Conn. 482; Rich v. Zellsdorllf. 22 Wis. 5-17, 99 Am. Dec. 81.

The (lisfinction between an _exception and u reservation is that an era-ptxan is always of part of the thing granted, and of a thing in case; a reservation is always of a thing not in csse, but newly created or reserved out of the land or tenement dernised. Co. Litt. 47a; 4 Kent. Comm. 468. lt has been also _said that there is a diversity hehveen an exception and 11 saving, for an exception exempts clearly, but u sming goes tn the matters touched, and does not exempt. Piowd. 361.

In the civil law. An cmceptlo or plea. Used in this sense in Louisiana.

Dcclimitory crccplians are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334.

Dilazory ercrpiiana are such as do not tend to defeat the action, but only to retard its progress.

Pcremptory ('.rrrpi1'an.3- are those which tend to the dismissal of the action. —Exoeptian to bail. An nhjertion to the special hail put in by the (lefendnnl: to an ac- hnn at law roads by the plaintitf_on r.'rnunrls of the insufficiency of the bail. 1 Tidd, Pr. 255.

EXCEPTIS EXCIPIENDIS. Lat. “Pith

all necessary exceptions.

EXCEPTOR. in old English law. A party who entered an exception or plea.

EXCIJRPTA, or EXCERPTS. Extracts

EXCESS. When a defendant pleaded to on action of assault that the plalntlif trespnssed on his land, and he would not depart when ordered, whereupon he, mall-ilcr mamas imzrasuil, gently laid hands on him, the rep- lication of e.rces.s was to the effect that the defendant used more force than necessary. Wharton.

EXCESSIVE. Tending to or marked by excess, which is the quality or state of ex-

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