Appeal

6 1.

To apply to, as for relief; also, the application or action itself. Whence appealable; as, an appealable order. May denote an application for relief to be obtained by a consideration or review of previous action: as, an appeal from listers to the selectmen of a town upon an alleged grievous assessment.^ 3. To remove a cause to a higher court for review and retrial; also, the proceeding in itself considered. Appeals are allowed in suits in equity, proceedings in courts of probate, orphans' or surrogate's courts, and in admiralty; from awards of arbitrators and referees; from municipal and tax assessments; on summary proceediugs in criminal matters determined by committing magistrates; and in numerous other matters of code or statutory regulation. Appeal lies to a final decree or judgment; in a few cases, also, upon an interlocutory order: as, in review of a comnaitment when authority in the lower court to act is disputed.

3 Appellant.

He who takes an appeal.

Appellee.

The defendant in an appealed case.

Appellate.

Having cognizance of appealed cases; accessible by appeal; concerning the judicial review of decisions: as, appellate — court, jurisdiction, power. Appellate jurisdiction, q. v. Power to revise the decisions Of the courts only, not the determinations of all inferior of Bcers and boards.' The secretary of the interior and the commissioner of the general land of Rce in revising the acts of > 11 Wall. 899-301. a Chesterfield County v. Hall, 80 Va. SZi (188S). s Lord V. Ocean Bank, 20 Pa. 384 (1863). ••Mc Nitt V. Turner, 16 Wall. 361 (1873). "See generally Broom, Max. 163, 166; 103 TJ.

S. 802, 42t; 104 id. 439; 4 Mass. 685; 8 id.

401; 5S Pa. 57; 76 Va. 301. * L. appellare, to call upon, address. ' Leach v. Blalcely, 34 Vt. 136 (1861). 'Exp. Virginia, 100 U. S. 342 (1879). » See Hubbell u Mo Court, 44 Wis. 587 (1878), cases; subordinate officials exercise " supervisory " ra than appellate power in the sense in which " a] late " is employed in defining the powers of cour justice.^ Appeal {appellatio in civil law) is defi ab inferioris judicis sententia ad superio provocare: the removal of a cause from sentence of an inferior to a superior juc or, as Blackstone expresses it, a compli to a superior court of an injustice done an inferior court. ^ The remedy as known in England ife in a g measure confined to causes in equity, ecclesiast and admiralty jurisdiction: as to each of whicl jury intervenes. In courts proceeding accordin the civil law an appeal removes the whole of proceedings and usually, though not invariably, O] the facts as well as the law to re-examination. 2 A process of civil law origin. Removes a ci entirely, subjecting the fact and the law to review retrial. A " writ of error, ' ' which is of common-law gin, removes nothing for re-examination but the li Whfie perhaps in most States an appeal fro: court of general jurisdiction is in the nature of a of error, — whereby the appellate court passes v the record as to facts and law, does not hear a tional evidence, but confines its adjudication to er appearmg upon the record, — in Ohio the appeal 11 vacates without revisal all proceedings, and the t is heard upon the same or other pleadings and u such testimony as may be offered in that court, subject is taken up de novo, as if the cause had n( been tried.-* A £nal decree in chancery is taken to a higher ct for review by appeal.* The object of removing a cause from a justic( the peace by an appeal is to obtain a new trial, u the same issue, in the higher court." In States which have adopted the name " appe for the review allowed of judgments governed by C( of procedure, the' proceeding is subject to so m statutory regulation, and in effect is so assimilate "writ of error," that it seems no longer possibl give a descriptive definition which shall be correct the various States and distinguish the two mode review.' If a party to a suit is in no manner affected by v is decided he cannot be said to be a party to the cree, and, therefore, cannot appeal the case.' 1 Hestres v. Brennan, 50 Cal. 217 (1875); E. S. §§ 453, 2478. " United States v. Wonson, 1 Gall. 13 (1812), Stoi-; s Wisoart v. Dauchy, 3 Ball. 327 (1796), Elswo C. J. See also United States v. Goodwin, 7 Oranch (1812); 22 How. 138; 103 U. S. 611. As to reviev facts in actions at lalw, see 22 Am. Law Eev. 26 (1888), cases. * Mason v. Alexander, 44 Ohio St. 328 (1886), Spea ' Mc Collum V. Eager, 2 How. 61 (1844); 21 id. 445 ' Bawson v. Adams, 17 Johns. *13l (1819). ' [Abbott's Law Diet. See 13 Mo. Ap. 186; 30 Minn.

Appeal bond

An obligation, with sureties, given by an appellant in order to remove a cause by appeal, and conditioned for the payment of damages and costs if he fails to " prosecute the appeal with effect," q. v. If the judgment is af Brmed the sureties, propria vigore, become liable to the same extent as the principal for the damages and costs. In an appeal to a still higher court new sureties are, required.^ An appeal bond, or a bond in error, is a formal instrument required and governed by the law, and, by nearly a century's use, has become a formula in legal proceedings, with a fixed and definite meaning. As the important right of appeal is greatly affected by it, it is not allowable, in practice, by a change in phraseology, to give it an effect contrary to what the statutes intend — as, in Federal practice, the acts of 1789 and 1803: R. S. §§ 1000, 1007, 1010, 1018. It would be against the policy of the law to suffer such deviations and irregularities. The rule followed in some States is a sound one, that if the condition of the bond substantially conforms to the requirements of the statutes it is suificient, though it contain variations of language; and that if further conditions be superadded the bond is not therefore invalid, so far as it is supported by the statute, but only as to the superadded conditions.'* Court of appeals. Any court ordained to review the final decrees of another court; in several States the tribunal of last resort. The highest court in Kentucky, Maryland, and New York. In Virginia and West Virginia it is known as ttie "supreme court of appeals;" in Delaware and New Jersey, as the " court of errors and appeals " In Texas the court is inferior to the supreme court. In England designates one of the two subdivisions of the supreme court of judicature as constituted by the acts of 1873 and 1875.

See Error, 2 (2, 3), Court of. Writ of; Finai., 3; Paper, 5; Supersedeas. 3.

In old English law an accusation by a private subject against another of a heinous crime, demanding punishment on account of the particular injury suffered, rather than for the offense against the public. Appellor: the accuser; appellee: the accused. Originated, probably, when a private pecuniary satisfaction, called toeregild, was paid to the party injured or to his relatives to expiate enormous crimes.' Abolished in 1819, after the case of Ashfard v. Thornton.

See Battel.