单词 | dilatory exception |
释义 | > as lemmasdilatory exception 4. Law. [after Latin exceptio in Roman Law; compare except v. 2.] (a) A plea made by a defendant in bar of the plaintiff's action; in Scots Law = defence n. peremptory exception: one tending to the dismissal of the action. dilatory exception: one tending to arrest its progress. declinatory exception: a dilatory exception consisting in a denial of the jurisdiction of the court; (b) an objection made to the ruling of a court in the course of a trial; (c) (in Courts of Equity (obsolete in England since 1875)) an objection by the plaintiff to the defendant's answer as insufficient. Bill of Exceptions: a statement of objections to the ruling or direction of a judge drawn up on behalf of the dissatisfied party, and submitted to a higher court. This procedure still exists in Scotland; in England it was abolished by the Judicature Acts of 1873–5. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [noun] > enrolment of jury > objection against jurymen peremptory exception1413 peremptory challenge1530 peremptory1606 principal challenge1702 society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > plea objecting to jurisdiction or competence exception1413 declinature1639 declinatory1693 declinatory plea1769 c1250 H. de Bracton De Legibus Angliæ v. v. i Sciendum quod exceptio est actionis elisio per quam actio perimitur vel differtur. 1292 Britton ii. xvii. §1 En plusours maneres est ceste assise destourbe que ele ne soit tauntost prise, sicum par excepcioun peremptorie, sicum..et par exceptiouns dilatories.] 1413 J. Lydgate Pilgr. of Sowle (1859) i. xviii. 19 Were it so that..by thyn excepcyon I personelly shold not be herde in thys present Court. 1560 J. Daus tr. J. Sleidane Commentaries f. cxvv Hauing no exception, they were caried to Paris. 1575 J. Rolland Treat. Court Venus i. f. 15 Charge him compeir..[With] exceptionis, and causis defensall (Gif he sic hes) that may himself supple. a1599 E. Spenser View State Ireland in Wks. (1862) V. 323 [A fellon] may have fifty-six exceptions peremptory against the jurors. 1699 R. Bentley Diss. Epist. Phalaris (new ed.) 397 The Defendant makes his Exception to the Indictment, because he did not call him Ἀνδροϕόνον, which was the Word that was penal by Law. a1715 Bp. G. Burnet Hist. Own Time (1724) I. 676 The first part of it was an exception to the authority of the Court. 1768 W. Blackstone Comm. Laws Eng. III. 372 This bill of exceptions is in the nature of an appeal; examinable..in the next immediate superior court, upon a writ of error. 1861 G. Ross W. Bell's Dict. Law Scotl. (rev. ed.) (at cited word) Generally speaking, everything which one alleges for defending himself, and for eliding the action, is called an exception. 1877 C. C. Langdell Equity Pleading §82 [If the plaintiff thinks the answer insufficient] he must except to it, i.e. specify in writing the parts of the bill which are not sufficiently answered; and thereupon the bill, answer, and exceptions are referred to a master. < as lemmas |
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