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EXCEPTION Definition & Legal Meaning

Definition & Citations:

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. Spelling v. Yetter, 25 App.Div. 590, 49 N. Y. Supp. 917; People v. Torres, 38 Cal. 142; Norton v. Livingston, 14 S.C. 178; Kline v. Wynnes 10 Ohio St. 22S.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 areinsufficient. 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. 5 640.In admiralty and equity practice. 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. Osteen, 37 Fla. 427, 20South. 549; Arnold v. Slaughter, 36 W. Va. 5S9, 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 I’ick. (Mass.) 272.In contracts. A clause In a deed or other conveyance by which the grantor exceptssomething out of that which he granted before by the deed. Morrison v. Bank, 88 Me.155, 33 Atl. 7S2; Gould v. Glass, 19 Barb. (N. Y.) 192; Coal Creek Min. Co. v. Heck, 83Tenn. 497; Winston v. Johnson, 42 Minn. 39S, 45 N. W. 958; Bryan v. Bradley, 16Conn. 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. 408. 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. 301.In the civil law. An exception 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.


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