Legal Term Dictionary

An exchange; a place where merchants meet to transact their business; also an equivalent in recompense; a recompense in lieu of dower ad ostium ecclesia.

An exchange; a place where merchants meet to transact their business; also an equivalent in recompense; a recompense in lieu of dower ad ostium ecclesia. Less...

In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the nation.

In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the nation. Less...

One who excepts; one who makes or files exceptions; one who objects to a ruling, instruction, or anything proposed or ordered.

One who excepts; one who makes or files exceptions; one who objects to a ruling, instruction, or anything proposed or ordered. Less...

In Roman law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiffs action. Calvin.' A stop or stay to an action opposed by the defendant CowelL Answering to the "defense" or "plea" of the common law. An allegation and defense of a defendant More...

In Roman law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiffs action. Calvin.' A stop or stay to an action opposed by the defendant CowelL Answering to the "defense" or "plea" 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 wquitatem exdusio.) Ileinecc. 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 whore, 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 plaintiffs averments. Tomklns & 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, (quw ad tempos nocet,) and created delay, (et temporis dilation-em 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. An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract foL 1006.-Exceptio domminii. 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 dotia eantse non numerates. 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, s 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. Bom. 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, s 217.-Exceptio juris-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. 1006. Answering to the modern 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 plaintiff is not entitled to sue because he bas not performed his own part of the agreement. Mackeld. Rom. Law, s 394.-Exceptio non solutse 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 tb 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 numerates. 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, (qua semper rem de qua agitur perimit;) such as the esceptio 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 modern 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 traditse. 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, 1299.-Exceptio senatuseonsulti Maocedoniani. 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, f 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, s 455.-Exceptio temporis. An exception or plea analogous to that of the statute of limitations in our law; viz., that the time prescribed by law for bringing such actions has expired. Mackeld. Rom. Law, s 213. Exceptio ejus rei eujus petitur dissolutio nulla est. A plea of that matter the dissolution of which is sought [by the action] is null, [or of no effect] Jenk. Cent 37, case 71. Exceptio falsi omnium ultima A plea denying a fact is the last of all. Exceptio nulla est versus actionem quae ezoeptionem permit. There Is [can be] no plea against an action which destroys [the matter of] the plea. Jenk. Cent 106, case 2. Exceptio probat regulam. The exception proves the rule. 11 Coke, 41; 3 Term, 722. Sometimes quoted with the addition "ric rebus non exceptis" ("so far as concerns the matters not excepted.") Exceptio quae nrmat legem, ezponit legem. An exception which confirms the law explains the law. 2 Bulst. 189. Exceptio semper ultimo ponenda est. An exception should always be put last 9 Coke, 53. Less...

In practice. A formal objection, to the action of the court, during the trial 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, and that he means More...

In practice. A formal objection, to the action of the court, during the trial 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, and that he means to save the benefit of his request or objection in some future proceeding. Snelling v. Tetter, 25 App. Div. 590, 49 N. Y. Supp. 917; People v. Torres, 38 Cal. 142; Norton v. Livingston, 14 S. C. 178; Kline v. Wynne, 10 Ohio St. 228. It is also somewhat used to signify other objections in the course of a suit; for example, exception to bail is a formal objection that special bail offered by defendant are insufficient. 1 Tidd, Pr. 255. An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a court, tribunal, 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. | 646. In admiralty and equity praetice. An exception is a formal allegation tendered by a party that some previous pleading or proceeding taken by the adverse party is insufficient. Peck v. 08teen, 37 Fla. 427,20 South. 549; 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 exempt some individuals from the general class of persons or things to which the language of the act in general attaches. An exception differs from an explanation, which, by the use of a videlicet, proviso, etc., is allowed only to explain doubtful clauses precedent or to separate and distribute generals into particulars. Cutler v. Tufts, 3 Pick. (Mass.) In contracts. A clause in a deed or other conveyance by which the grantor excepts something out of that which he granted before by the deed. Morrison v. Bank, 88 Me. 155, 33 Atl. 782; Gould v. Glass, 19 Barb. (N. Y.) 192; Coal Creek Min. Co. v. Heck, 83 Tenn. 497; Winston v. Johnson, 42 Minn. 398, 45 N. W. 958; Bryan v. Bradley, 16 Conn. 482; Rich v. Zeilsdorff, 22 Wis. 547, 99 Am. Dec 81. The distinction between an exception and a reservation is that an exception is always of part of the thing granted, and of a thing in esse; a reservation is always of a thing not in esse, but newly created or reserved out of the land or tenement demised. Co. Litt 47a; 4 Kent Comm. 468. It has been also said that there is a diversity between an exception and a saving, for an exception exempts clearly, but a saving goes to the matters touched, and does not exempt. Plowd. 361. In the civil law. An exeeptio or plea. Used in this sense in Louisiana. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought Code Proc La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions, are those which tend to the dismissal of the action. -Exception to bail. An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255. Less...

Lat. With all necessary exceptions.

Lat. With all necessary exceptions. Less...

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

In old English law. A party who entered an exception or plea. Less...

Extracts.

Extracts. Less...

When a defendant pleaded to an action of assault that the plaintiff trespassed on his land, and he would not depart when ordered, whereupon he, molliter manus imposuit, gently laid hands on him, the replication of excess was to the effect that the defendant used more force than necessary. Wharton.

When a defendant pleaded to an action of assault that the plaintiff trespassed on his land, and he would not depart when ordered, whereupon he, molliter manus imposuit, gently laid hands on him, the replication of excess was to the effect that the defendant used more force than necessary. Wharton. Less...

Tending to or marked by excess, which is the quality or state of exceeding the proper or reasonable limit or measure. Railway Co. v. Johnston, 106 Ga. 130, 32 S. E. .78. -Excessive bail. Bail in a sum more than will be reasonably sufficient to prevent evasion of the law More...

Tending to or marked by excess, which is the quality or state of exceeding the proper or reasonable limit or measure. Railway Co. v. Johnston, 106 Ga. 130, 32 S. E. .78. -Excessive bail. Bail in a sum more than will be reasonably sufficient to prevent evasion of the law by flight or concealment; bail which is per se unreasonably great and clearly disproportionate to the offense involved, or shown to be so by the special circumstances of the particular case. In re Losasso, 15 Colo. 163, 24 Pac. 1080,10 L. R. A. 847; Ex parte Ryan, 44 Cal. 558; Ex parte Duncan, 53 Cal. 410; Blydenburgh v. Miles, 39 Conn. 490.-Excessive damages. See DAMAGES. Excessivum in jure reprobatnr. Ex-eessns in re qnalibet jure reprobatnr eommuni. Co. Litt. 44. Excess in law is reprehended. Excess in anything Is reprehended at common law. Less...