Appeal

[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