- exception
- Act of excepting or excluding from a number designated or from a description; that which is excepted or separated from others in a general rule or description; a person, thing, or case specified as distinct or not included; an act of excepting, omitting from mention or leaving out of consideration. Express exclusion of something from operation of contract or deed. An "exception" operates to take something out of thing granted which would otherwise pass or be included. Christman v. Emineth, N.D., 212 N.W.2d 543, 552.Such excludes from the operation of conveyance the interest specified and it remains in grantor unaffected by conveyance. Elrod v. Heirs, Devisees, etc., 156 Neb. 269, 55 N.W.2d 673, 675, 676.Objection to order or ruling of trial court. 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. Under rules practice in the federal and most state courts, the need for claiming an exception to evidence or to a ruling to preserve appellate rights has been eliminated in favor of an objection. Fed.R. Civil P. 46.See also challenge- peremptory exceptionsBill of exceptionsSee bill.DeedAn exception withdraws from operation of deed part of thing granted which would otherwise pass to grantee.Insurance policy.An exclusion of one or more risks. Kirkby v. Federal Life Ins. Co., C.C.A.Mich., 35 F.2d 126, 128. The object of an exception is to exclude that which otherwise would be included, to take special cases out of a general class, or to guard against misinterpretation."Reservation"and "proviso" compared.A "reservation" creates some new right in grantor while an "exception" withholds from grant title to some part of property which would otherwise pass. Clark v. Pauley, 291 Ky. 637, 165 S.W.2d 161, 162.A reservation does not affect the description of the property conveyed, but retains to the grantor some right upon the property, as an easement, whereas an exception operates upon the description and withdraws from the description the excepted property. Moore v. Davis, 273 Ky. 838, 117 S.W.2d 1033, 1035.A "reservation" is always of something taken back out of that which is clearly granted, while an "exception" is of some part of the estate not granted at all. Lewis v. Standard Oil Co. of California, C.C.A.Cal., 88 F.2d 512, 514.An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso, properly speaking, defeats their operation, conditionally. An exception takes out of an engagement or enactment something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. Reservation reserves to grantor some new interest out of this granted, while exception excludes from operation of giant some existing part of estate. Petty v. Griffith, Mo., 165 S.W.2d 412, 414; U. S. v. 1,010.8 Acres, More or Less, Situate in Sussex County, Del., D.C.Del., 56 F.Supp. 120, 128.It has also been held however that a "proviso" and an "exception" are substantially the same thing, and that the terms are frequently used interchangeably for synonymous terms. Victory Oil Co. v. Hancock Oil Co., 270 P.2d 604, 611Compare also variance.Statutory laws.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. The office of an "exception" in a statute is to except something from the operative effect of a statute or to qualify or restrain the generality of the substantive enactment to which it is attached, and it is not necessarily limited to the section of the statute immediately following or preceding. Gatliff Coal Co. v. Cox, C.C.A.Ky., 142 F.2d 876, 882.Two statutes relating to same subject must be read together, and provisions of one having special application to particular subject will be deemed an "exception" to other statute general in its terms. Eagleton v. Murphy, 348 Mo. 949, 156 S.W.2d 683, 685.
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
