Definition of EXCEPTION


EXCEPTION

practice, pleading. This term is used in the civil,
nearly in
the same sense that the word plea has in the common law. Merl. Repert. h.
t., Ayl. Parerg. 251.

2. In chancery practice, it is the allegation of a party in writing, that
some pleading or proceeding in a cause is insufficient. 1 Harr. Ch. Pr.
228.

3. Exceptions are dilatory or peremptory. Bract. lib. 5, tr. 5, Britton,
cap. 91, 92, 1 Lillys Ab. 559. Dilatory exceptions are such as do not tend
to defeat the action, but only to retard its progress. Poth. Proc. civ.
partie 1, c. 2, s. 2, art. 1, Code of Pract. of Lo. art. 332. Declinatory
exceptions have this effect, as well as the exception of discussion opposed
by a third possessor, or by a surety in an hypothecary action, or the
exception taken in order to call in the warrantor. Id., 7 N. S. 282, 1 L.
R. 38, 420. These exceptions must, in general, be pleaded in limine litis
before issue joined. Civ. Code of Lo. 2260, 1 N. S. 703, 2 N. S. 389, 4 L.
R. 104, 10 L. R. 546. A declinatory exception is a species of dilatory
exception, which merely declines the jurisdiction of the judge before whom
the action is brought. Code of Pr. of L. 334.

4. Peremptory exceptions are those which tend to the dismissal of the
action. Some relate to forms, others arise from the law. Those which relate
to formes, tend to have the cause dismissed, owing to some nullities in the
proceedings. These must be pleaded in limine litis. Peremptory exceptions
founded on law, are those which, without going into the merits of the
cause, show that the plaintiff cannot maintain his action, either because
it is prescribed, or because the cause of action has been destroyed or
extinguished. These may be pleaded at any time previous to definitive
judgment. Id. art. 343, 346, Poth. Proc. Civ. partie 1, c. 2, s. 1, 2, 3.
These, in the French law, are called Fins de. non recevoir. (q. v.)

5. By exception is also meant the objection which is made to the decision
of a judge in the course of a trial. See Bill of Exception.


Source: Bouviers Law Dictionary 1856 Edition

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