EXCEPTIO

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 “plea” of the common law. An allegation and defense of a defendant by which the plaintiffs 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 oh wquitatem 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 plaintiffs 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, (qua ad tempus nooet,) 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 doll mali. An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. 1006. 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,