appeal
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 269 U.S. 125 - Gulf Refining Co. v. United States · 1925Most cited · 60 citing opinions
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.
How the Supreme Court has restated “appeal”
Each Supreme Court definition of “appeal,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “appeal”
Court decisions citing the 5 opinions that defined “appeal” — 279 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 5 definitions, chronological · 1812–1925
- ORIGINAL
An appeal is a civil law process, and removes a cause entirely, subjecting the law and fact, to a review and retrial.
as distinguished from writ of error
No appeal can be taken from the final decision of a State court of last resort, under the twenty-fifth section of the judiciary act, to the Supreme Court of the United States. A writ of error alone can bring up the cause.
What is essential to an appeal is allowance, citation to the appellees, or equivalent notice or waiver, and the bringing up of the record at the next term of this court. Security for prosecution should be taken by the judge on signing the citation; but if this duty be omitted or defectively performed, a remedy can be applied here on motion.
The prayer for the appeal, and the order allowing it, constituted a valid appeal. The bond was not essential to it.
valid