appeal. It is a covert threat to the judge. There is a principle in
some courts that no ruling that is not excepted to can be considered
on appeal; consequently a lawyer is careful to preserve his rights by
exceptions.

A young lawyer once had this principle so firmly fixed in his mind
that when he went to court he began taking exceptions to everything,
even rulings in his favor. He would make an objection; the judge
would sustain it. "I except," said the lawyer. He would make a
motion; the judge would grant it. "I except," said the young lawyer.
The other side would make an objection; the judge would rule against
them and in favor of the lawyer, "I except," said the lawyer. Finally
the situation grew so strained that the judge called the young man to
the bench and spoke to him confidentially. His explanation was: "This
is my first case and the head of my firm told me to be sure and take
exceptions to all rulings."

Some lawyers are so in the habit of excepting, it sounds as though
they were hiccoughing. "Overruled"; "I except"; "Allowed"; "I except";
"Denied"; "I except"; "Granted"; "I except." It becomes a custom as
constant as the refrain in a comic opera.

Theoretically it may have a sound basis under the law, but so little
practical value has it that it seems ludicrous. The lawyers and the
judges consider it a matter of course. If the judge after all the
argument finally decides to let the testimony as to the red cow stand,
he will not be inclined to change his mind because the lawyer
interjects that threatening exception. The sound of the word is
spiteful and seems to express the resentment of the lawyer at the
ruling of the judge.