appeal

An appeal is not a new suit in the appellate court, but a continuation of the suit in the court below, a proceeding in the original cause, and the suit is pending until the appeal is disposed of.

In Criminal Practice. A formal accusation made by one private person against another of having committed some heinous crime. 4 Bla. Com. 312. Anciently, appeals lay for treason as well as felonies; but appeals for treason were abolished by statutes 5 Edw. III. c. 9, 25 Edw. III. c. 24, and 1 Hen. IV. c. 14, and for all other crimes by the statute 59 Geo. III. c. 46. An appeal lay for the heir male for the death of his ancestors; for the widow while unmarried for the death of her husband; and by the party injured, for certain crimes, as ^ robbery, rape, mayhem, etc.; Co. Litt. 2S7 b; 2 Bish Cr. Law 1001, note, par. 4. It might be brought at any time within a year and a day, even though an indictment had been found. If the appellee was found innocent, the appellor was liable to imprisonment for a year, a fine, and damages to the appellee. The appellee might claim wager of battel. This claim was last made in the year 1818 in England; 1 B. & Aid. 405. And see 2 W. Bla. 713; 5 Burr. 2643, 2793; 4 Sharsw. Bla. Com. 312-318, and notes. In the 12th and 13th centuries and for some time thereafter, the Crown relied as much upon the Appeal of the private accuser as upon the presentment of a jury. The indictment came to take its place and at the end of the 13th century the action of trespass was an efficient substitute for the appeal, and it gradually decayed as a mode of criminal prosecution. It lived long in the law because it came to "be forgotten. Appeals of treason brought in Parliament were abolished in 1400. Other appeals were gradually abolished. It was considered that certain appeals alleging felony were good in Coke's day; Co. Litt. 127; 2 Hawk. P. C. 157. The appeal of murder had the longest history and was only abolished by 59 Geo. ber of a legislative body who questions the correctness of a decision of the presiding officer, procures a vote of the body upon the decision. In the House of Representatives of the United States the question on an appeal is put to the House in this form: "Shall the decision of the chair stand as the judgment of the House?" Rob. R. of O. 14, 66. If the appeal relates to an alleged breach of decorum, or transgression of the rules of order, the question is taken without debate. If it relates to the admissibility or relevancy of a proposition, debate is permitted, except when a motion for the previous question is pending. As to Appeal, in practice, as one of the methods of appellate jurisdiction, see Appeal and Error.

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 abave 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 Dali. 321, 1 In 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 facte, as well as the law, to a review and reyisal; but a writ of error is of common law origin, and it removes nothing for re-er-amination but the law. Wiscart v. Dauchy, 3 Dali. 321, 1 In Ed. 619; In S. v. Goodwin, 7 Cranch, 108, 3 L. Ed. 284; Cunningham V. Neagle, 135 U. S. 1, 10 Sup. Ct. 658, 34 L. 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 la transmitted to a superior jurisdiction. U. S. v. Wonson. 1 Gall. 5, 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, confessed the fact before plea pleaded, and appealed, or acoused others, his accomplicos 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 mem-bar of a legislative body who questions the correctness of a decision of the presiding officer, or "chair," prochres 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, llv. 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. Kountze, 107 U. S. 378, 2 Sun. Ct. 911, 27 In Ed. 609.

— Cross-appeal. Where both parlies to a judgment appeal therefrom, the appeal of each is called a "cross-appeal" as regards that of the other. 3 Steph. Comm. 581.

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.

1. The complaint, and removal court, for error or informahty, for the view. 2. In English criminal law, the vate person against another, of some punishment on behalf of the, party Battel.

[Lat. appellatio, from appellare, Fr. appeller; to call to, or upon.] In 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, or of some proceeding in a cause, from an inferior to a superior court, for the purpose of re-examination or review. An appeal, m the most general sense, embraces the proceedings by torit of error and certiorari, but strictly and practically it is distinct from both. 3 BL Com. 55, 454. See Certiorari, Writ of Error.

In its technical sense, it is peculiar to courts of equity, and other courts which proceed according to the course of the civil law; the judgments of courts of common law being removed by writ of error. An appeal removes a cause entirely, subjecting the fact as well as the law to a review and re-trial; a writ of error removes nothing for re-examination but the law. Story on the Con- «fo'^M<to»,(Abr.)§9l7. ^qq Federalist, ^o. 81. United States Digest, Appealj

Eng. crim. law. Is the accusation, in a legal form, of a person for a crime by him committed; or, it is the lawful declaration of another man’s crime, before a competent judge, by one who sets his name to the declaration, and undertakes to prove it, upon the penalty which may ensue thereon. Vide Co. Litt. 123, b. 287, b.