Legal Term Dictionary

In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. The removal of a cause from a court of inferior to one of superior jurisdiction, for More...

In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of obtaining a review and retrial. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619. The distinction between an appeal and a writ of error is that an appeal is a process of civil law origin, and removes a cause entirely, subjecting the facts, as well as the law, to a review and revisal; but a writ of error is of common law origin, and it removes nothing for re-examination but the law. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619; IT. S. v. Goodwin, 7 Cranch, 108, 3 L. Ed. 284; Cunningham v. Neagle, 135 U. S. 1. 10 Sup. Ct. 658, 34 I. Ed. 55. But appeal is sometimes used to denote the nature of appellate jurisdiction, as distinguished from original jurisdiction, without any particular regard to the mode by which a cause is transmitted to a superior jurisdiction. V. S. v. Wonson, 1 Gall. 0, 12, Fed. Cas. No. 16,750. In criminal practice. A formal accusation made by one private person against another of having committed some heinous crime. 4 Bl. Comm. 312. Appeal was also the name given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, coufessed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain his pardon. In this case he was called an "approver" or "prover," and the party appealed or accused, the "appellee." 4 BL Comm. 330. In legislation. The act by which a member of a legislative body who questions the correctness of a decision of the presiding officer, or "chair," procures a vote of the body upon the decision. In old French law. A mode of proceeding in the lords' courts, where a party was dissatisfied with the judgment of the peers, which was by accusing them of having given a false or malicious judgment, and offering to make good the charge by the duel or combat. This was called the "appeal of false judgment." Montesq. Esprit des Lois, liv. 28, c. 27. —Appeal bond. The bond given on taking an appeal, by which the appellant binds himself to pay damages and costs if he fails to prosecute the appeal with effect. Omaha Hotel Co. v. Kountee, 107 V. S 378, 2 Sup. Ct. 911, 27 L. Ed. 609.—Cross-appeal. Where both parties to a judgment appeal therefrom, the appeal of each is called a "cross-appeal" as regards that of the other. 3 Steph. Comm. 581. Less...

In a sense not strictly technical, this word may be used to signify the exercise by a party of the right to remove a litigation from one forum to another; as where he removes a suit involving the title to real estate from a justice's court to the common pleas. More...

In a sense not strictly technical, this word may be used to signify the exercise by a party of the right to remove a litigation from one forum to another; as where he removes a suit involving the title to real estate from a justice's court to the common pleas. Lawrence v. Souther, 8 Mete. (Mass.) 166. Less...

In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. "Making it appear and proving are the same thing." Freein. 53. To be regularly in court; as a defendant in an action. See APPEARANCE.

In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. "Making it appear and proving are the same thing." Freein. 53. To be regularly in court; as a defendant in an action. See APPEARANCE. Less...

In practice. A coming; into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988. More...

In practice. A coming; into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988. Classification. An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit National Furnace Co. v. Moline Malleable Iron Works (C. C.) 18 Fed. 864. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of process, though process may be outstanding. 1 Barb. Ch. Pr. 77. It is said to be optional when entered by a person who Intervenes in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; subsequent, when made by a defendant after an appearance has already been entered for him by the plaintiff; corporal, when the person is physically present in court. —Appearance by attorney. This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal aeent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson. 1 Watts (Pa.) 351.—Appearance day. The day for appearing; that on which the parties are bound to come into court. Cruder v. McCracken (Tex. Civ. App.) 26 S. W. 282.—Appearance docket. A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.—Notice of appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney. Less...

In Scotch law. An apparent heir. See APPARENT HEIR.

In Scotch law. An apparent heir. See APPARENT HEIR. Less...

The party who takes an appeal from one court or jurisdiction to another.

The party who takes an appeal from one court or jurisdiction to another. Less...

Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. —Appellate court. A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.—Appellate jurisdiction. Jurisdiction on appeal; jurisdiction to revise or correct the proceedings in More...

Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. —Appellate court. A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.—Appellate jurisdiction. Jurisdiction on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Auditor of State v. Railroad Co., 6 Kan. 505. 7 Am. Rep. 575; State v. Anthony. 65 Mo. App. 543; State v. Baker. 19 Fla. 19; Ex parte Bollman, 4 Cranch, 101, 2 L. Ed.* 554. Less...

Lat. An appeal.

Lat. An appeal. Less...

An old law term having the same meaning as "appellant," (q. v.) In the civil law, the term was applied to the judge ad quem, or to whom an appeal was taken. Calvin.

An old law term having the same meaning as "appellant," (q. v.) In the civil law, the term was applied to the judge ad quem, or to whom an appeal was taken. Calvin. Less...

The party in a cause against whom an appeal is taken; that is, the party who has an interest adverse to setting aside or reversing the judgment. Slayton v. Horsey, 97 Tex. 841, 78 S. W. 919. Sometimes also called the "respondent." In old English law. Where a person charged More...

The party in a cause against whom an appeal is taken; that is, the party who has an interest adverse to setting aside or reversing the judgment. Slayton v. Horsey, 97 Tex. 841, 78 S. W. 919. Sometimes also called the "respondent." In old English law. Where a person charged with treason or felony pleaded guilty and turned approver or "king's evidence," and accused another as his accomplice in the same crime, in order to obtain his own pardon, the one so accused was called the "appellee." 4 Bl. Comm. 330. Less...