APPEAR

Appeal bond. An obligation, with

ties,

65

APPEAR
thereabout,
interested.!

sure-

so

far, at least, as the

party

is

given by an appellant in order to remove a cause by appeal, and conditioned for the

payment
If the

of

damages and

costs

if

he

fails to

Appearance. 1. Being apparent, q. v. 2. Having the form or semblance of. See

Color, 3
3.
;

" prosecute the appeal with effect,"

q. v.

Facies.

judgment is afBrmed the sureties, propria vigore, become liable to the same extent as the principal for the damages and costs. In an appeal to a
still

into court as a party to a suit presence in court as a suitor. Used, particularly, of

Coming

higher court

new

sureties are, required.^

is

An appeal bond,

or a bond in error,

a formal

in-

by, attorney.2
is

a defendant's presence, in person or Opposed, non-appearance.

strument required and governed by the law, and, by nearly a century's use, has become a formula in legal proceedings, with a fixed and definite meaning. As the important right of appeal is greatly affected by it, it is not allowable, in practice, by a change in phraseology, to give it an effect contrary to what the statutes intend as, in Federal practice, the acts of 1789 and

An entry of appearance upon the record of a cause

be interpreted by the practice of the particular Whatever is held to be a submission to its authority in the caxise, whether coerced or voluntary, will be deemed an appearance.'
to
court.

1803: R. S. 1000, 1007, 1010, 1018. It would be against the policy of the law to suffer such deviations and irregularities. The rule followed in some States is a sound one, that if the condition of the bond substantially conforms to the requirements of the statutes it is

Made by entering of record the name of the party or his counsel, and at the request of either; also, by entering bail, answer, demurrer, or by any other act
admitting that the defendant is in court, submitting to the jurisdiction. Originally, when pleadings were
oral,

made by actual

presence in court.

An appearance may be general or common,

or special or conditional, according as
it is

though it contain variations of language; and that if further conditions be superadded the bond is not therefore invalid, so far as it is supported by
suificient,

unqualified or unrestricted, or
specific
is

the statute, but only as to the superadded conditions.'*

Court of appeals.

Any

court ordained

to review the final decrees of another court in several States the tribunal of last resort. The highest court in Kentucky, Maryland, and New York. In Virginia and West Virginia it is known as ttie "supreme court of appeals;" in Delaware and New Jersey, as the " court of errors and appeals " In Texas the court is inferior to the supreme court. In England designates one of the two subdivisions of the

purpose as, to make a motion, or coupled with a condition; de bene esse, when provisional on an event; voluntary, compulsory, or optional, according as it is entered freely, is compelled by plaintiff's action, or is made by one not obliged to appeal', but who applies to do so, to save a right in
;

made

for a
,

person, by attorney, by next friend, by guardian, or by committee, according as the party

himself defends, or employs or

is

represented

supreme court of judicature as constituted by the acts of 1873 and 1875. See Error, 2 (2, 3), Court of. Writ of; Finai., 3;
Paper,
3.

by another pro hac

;

vice,

cial relation; corporal,

when in some spewhen by defendant

5;

Supersedeas.

in person. Corporal appearance is generally required in a In modern practice In civil actions trial. appearing may be constructive or figurative.
criminal

In old English law an accusation by a private subject against another of a heinous crime, demanding punishment on account of the particular injury suffered, rather than
for the offense against the public.

An
tain

appearance

is

to be entered

by a

cer-

day, called the appearance day; to which day writs are made returnable. It is

Appellor: the accuser; appellee: the

accused.
Originated, probably,
satisfaction, called toeregild,

"general" when
narily observed;

when a private pecuniary was paid to the party in-

other day, as,

it is the stated day ordiand " special " when some the day appointed in a par-

jured or to his relatives to expiate enormous crimes.' Abolished in 1819, after the case of Ashfard v. Thornton. See Battel.

The right to appear " before a tribunal engaged in the transaction of par' '

APPEAR.

ticular case. On every return day in the term the person, at common law, had three days of grace beyond the day named in the writ in which to appear, and if he appeared on the fourth day inclusive, quarto die post, it
Invest. Co. v. Charlton, 32

ticular business implies the right to be heard

>

Dundee Mortgage Trust

Babbitt

v.

Finn, 101 U.

S. 16, 13 (1879);

BeaU

v.

New

F. R. 194 (1887).
a See Schroeder v. Lahrman, 26 Minn. 88 (1879); Larrabee v. Larrabee, 33 Me. 102 (1851). 'Cooley V. Lawrence, 5 Duer, 610 (1855); Grigg v. Gilman, 54 AJa. 430 (1875).

Mexico, 16 Wall. 539

=

(1872).

Kountze
4 Bl.

v.

Omaha
72.

Hotel Co., 107 U.

S.

395-96 (1882),

cases; 11 Lea,

Com.
(5)

312-17; 110 U. S. 526.