Page:Black's Law Dictionary (Second Edition).djvu/85

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APPEALED

to a judgment appeal therefrom, the appeal of each is called a ‘r-rats-appeal" as regards that of the other. 3 Steph. Comm. 581.

APPEALED. In a sense. not strictly tcrmuic.-il, this vmrd may be used to signiry the exercise by a party of the right to remove a lltigzition from one forum to another; as where he removes a suit involving the title to real estate from a justlcc's court to the Common pleas. Lawrence v. Souther, 8 Metc. (Mass.) 166.

APPEAR. In practice. To he properly hclore a court; as a fact or matter of which it can take notice. To he in evidence; to be proved. “llialzing it uppmr and proving are the same thing." Freem. 53.

To be regularly in court; as a defendant in an action. See Arrnaamvcn.

APPEARANCE. In practice. A coming into court as party to a suit, whether as pl'1intiff or defeud:rnt.

The formal proceeding by which a defend- ant submits himself to the jurisdiction of the court Flint v. Comly. 95 Me. 251. 49 -itl. 1044; (lravuford v. Viuton, 102 Mich. 83. (32 N. W. 989.

Classification. An appearance muy he either grnrml or special; the tanner is a simple and unqualified or unrestricted submission to the jurisdiction of the court the latter a sub- rrssion to the jurisdiction for some specific pur-

only, nnt for nll the purposes of the suit. \-mnunl Furnace Co. v. Moline Malleable Iron Works (C. C) 18 Fed. SM. An appearance may also be either compulsory or vohmtars/, the i'T:l'lTIP]' where it is compelled by process served on the party, the latter where it is entered by hi: 0'11] will or consent. nithout the service of [7l'(II‘(". though process may be outstanding. I II-nrb_ f‘h. Pr. 77. It is said to be optional ulwn. entered by a person who intervenes in the action to protect his own interests. though not Joined as a party; conditional, when coupled with conditions as to lts becoming or being tak- r-u us a general nppearance; pi-ntis, when made by a party in the action, but before the service of my process or legal notice to appear: (12 brnc case, when made provisionally or to remain -.nnd only upon a future contingency; subsc- qnmni, when made by u defendant after an apprarance hns -ilrc-adv been vntersvd for him by the plaintiff; corporal, when the person is physically present In court. —A]1penranoe by attorney. This term and “'m1w:u--inn: by counsel" arr dislinctly dimer- -nt the former being the substitution of a legal auto: for t .e person.-11 attendance of the suitor. the latter the attendance of an advocate with- r-lt uhu-e nid neither the party attending nor his nttnruex in his stratl could safely proceed: and an appearance by attorney does not superthe n[ .-enranee by counsel. Mercer v. ' "Ill. 1 W'alts (I"I) —Appentance day. I"v dry for appearing that on which up [illl'|ir-t nre bound to (nrne into court. Crn~ pr v l\lr(‘l'nr-krn (Tex, i App.l 21‘: S, W. 2\2—Appeurn_nce (locket. the clerk of the court. in which appearances are on:-roul. containing also a brief ahstract of all the 1-rnr:eediu;:s in the cuusn.—Notice of appearance. A notice gi\en lw defendant to a plmntltt that he appears in the action in person or by attorney.


APPEARAND HEIR. Au n'p1\nrcut heir.

In Scotch law. See Arvnnaxr Hum.

77

APPENDAN T

APPELLANT. The party who takes an appeal from one court or jurisdiction to an- other.

APPELLATE. Pertnining to or having cognizance of appeals and other proceedims for the judicial review of ildJI.ldl(‘1lUOl.\S.

—A_ppe11ate court. A court having juris- diction of appeal and review; a court to which causes nre removable by appeal ccrtiuru . or error.—Appelluto jurisdiction. Jun i tron on appeal; jurisdiction to revise or correct the proceedings in 11 cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Au- dltur of Slate v. Railroad Uo.. 6 Run. 505. 7 Am. Rep. 575; Shte v. Anthony. t'>a '\io. App. 5-13; State v. Baker. 19 Flu. 19; Ex parte Bellman, 4 Orancb, 101. 2 L. Ed. 55-}.

APPELLATIO. Lat. A1: appeal. APPELLATOR. An old law term having the same meaning as “appeliant," (q. 1;.) In the civil law, the term was applied to the judge ad quetu, or to whom an appeal was taken. Calvin.

APPELLEE. The party in :1 cause against whom an appeal is taken; that is, the party who has an interest allrerse to setting aside or reversing the judgment. Slaytou v. Horsey. 97 Tex. 3341. 78 S. W. 919. Someumes also called the "respondent."

In old English law. Where a person charged with treason or felony pleaded guilty and turned x1p[‘Il‘0VPl‘ or “king's evidence." and accused auolher as his uccompllce in the same crime, in order to ohtsin his own pardon, the one so accused was called the “appellce." 4 Bl. Comm. 330.

APPELLO. Lat. In the civil law. I appeal. The fortn of making an appeal (mild acid. Dig. -19, 1. 2.

APPELLOR. In old English law. A crinuiual who accuses his accomplices, or who challenges a jury.

APPENDAGE.}} Something udded as an accessory to or the sublnlliunte part of an- other thing. State v. Ferlil-’.. 70 Iowa, 272, 30 N. W. (133; Uemme v. School Dist. 30 Kan. 377. 1 Pac. 104; State Treasurer v. Railroad Co., 28 N. J. Law. 26.

APPENDANT. A thing annexed to or belonging to another thing and passing with it; a thing or inheritance belonging to an- other inheritance which is more worthy; as an ndxowson, common, etc. which may he appeudnnt to a manor, connnou of fishing to a freehold. 21 sent in a church to :1 house. etc. It (lifteis from nppurteuauce, in that append- ant must e\ er he by prescription. 11. 9.. a persmul usage for a considerable time, while in appurteunuce may be created at this day; for it a grant be made to a man and his

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