Appeal

[Fr. appel.] 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. Esprit des Lois, liv. 28, c. 27.

practice, is the act by which a party submits to the decision of a superior court, a cause which has been tried in an inferior tribunal. The appeal generally annuls the judoment of the inferior court, s0 far that no action can be taken upon it until after the final decision of the cause. Its objeet is to review the whole case, and to secure a just judgment upon the merits. An appeal differs from proceedings in error, under which the errors committed in the proceedings are examined, and if any have. been committed the first judgment is reversed; because in the appeal the whole case is examined and tried as if it had not been tried before. Vide Dane’s Ab. h. t; Serg. Const. Law, Index, h. t; and article Courts of the nifies the filing common or special bail to an action. The appearance of the parties is no longer (as formerly) by the actual presence in court, either of themselves or their attorneys. It is to be observed, however, that an appearance of this kind is still supposed; and exists in fiction or contemplation of law. But in fact the appearance is effected on the part of the defendant (where he is not arrested) by making certain formal entries in the proper office of the court, expressing his appearance, or, in case of arrest, it may be considered as effected by giving bail to the action. On the part of the plaintiff, no formality expressive of appearance is observed, but upon the appearance of the defendant, effected in the manner above described, both parties are considered as in court. Impey’s Pr. 215. The appearance of either party may.in general purport to be either in his own person or by attorney, but when he appears by attorney, there ought regularly, and there is always supposed to be, a warrant in writing executed by him for that purpose. There are certain persons, namely, tnfante, married women (when sued without their husbands,) and ¢tdzots, who are incapable of appointing an attorney, to appear for them in court. The appearance and pleadings of such persons must consequently not purport to be by attorney, nor be so entered on record, whether an attorney in fact be employed or not. See 1 Tidd, Pr. 68,75; 1 Arch. Pr. 22. The appearance, in common with all other subsequent proceedings supposed to take place in court, should (in accordance with the ancient practice) purport to be in term time. It is to be observed, however, that though the proceedingsare expressed as if occurring in term time, yet