APPEAL

In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or d·ecision the court above 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 Dall. 321, 1 L. Ed. 619.. The distinction ootween an appeal and a writ of error is that an appeal is a proce of civil law origin, and removes a cause entirely, subjecting the facts, as well as the law, to a review and revisal; but a writ of error is of common law origin, and it removes nothing for re-ex• am in at i on b'ut the law. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619; U. S; v.. Good win, 7 Cranch, 108, 3 L. Ed. 284; Cunning ham 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 distinguish• ed from original jurisdiction, without any particular -regard to the mode by which a cause ii transmitted to· a superior jurisdiction. U. S. v. Wonson, 1 Gall, 5, 12, Fed. Cas. No. 16,750. In criminal practice. A formal accusa• tion made by one private person against another of having committed some heinous crime. 4 BI. Comm. 312. A.ppea,l was also the name given to the proceeding In English law where a person, Indicted of treason or felony, and arraigned for the same, confe ed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain 'his pardon. In this case he was call• ed an "approver" or "prover," and the party appealed or accused, the •tappellee." 4 El. Comm. 330. In legislation. The act by which a member of a legislative body who questioD,S the correctne of a decision ot the presiding otflcer, or "chair," procures a vote of the body upon the decision. In old French law. A mode of proceeding in the lords' courts, where a party was di atisfied with the judgment of the peers, which was 1by 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• a1>P,!!llant binds himself to pay damages and costs If he. fails· to prosecnte the appeal with effect. Omaha Hotel Co. T, Ko.untze, 107 U. S. 378, 2 ~p. Gt. 911, 27° L. Ed. 600,--01'0H4Plleal. Where:bot.h ~rtiu- [s. 82]