That which is offered and alleged by the party proceeded against in an action or suit, as a reasou in law or fact why the plaintiff should not recover or establish what he seeks; what is put forward to defeat an action. More properly what is sufficient when offered for this purpose. In el-ther of these senses it may he either a deuial, justification, or confession and avoidance of the facts averred as a grouud of action, or nn exception to their sufficiency in point of law. whitfleld v. Insurance Co. (C. C.) 125 Fed. 270; Miller v. Martin, 8 N. J. Law, 204