4.1.176 to 4.1.178

wise, if he proceeds and the exception be pleaded against him, he will lose his claim; as if issue had been joined, and his case has been lost by this exception, he has no longer any power to sue after the time during which, if matters had remained unchanged, he could have avoided the effect of the exception. (124) Exceptions are understood to be dilatory not only with reference to time, but also with regard to persons; and to this class belong those which are connected with the position of attorney; for instance, where a party who, under the terms of the Edict, has no right to appoint an attorney acts through one; or, if he has a right to appoint an attorney, but appoints one who is not legally qualified to undertake the duties of the office . If the exception to an attorney is pleaded, and the party himself is such a person that he cannot appoint an attorney, he himself can bring the action; if, however, the attorney is not permitted to assume the duties of the office, his principal has the power to bring the suit, either by another attorney, or in his own proper person, and he can, in either one of these ways, avoid the exception; but if he should pay no attention to this disability, and conduct the case by the attorney he will lose it. (125) If the defendant, through mistake, should not avail himself of a peremptory exception, he can obtain complete restitution, by adding the exception to the pleadings; but if he should not make use of a dilatory exception, it is a question whether he will be entitled to complete restitution.