Blacks Law Dict. 1st ed

APPLICABLE

APPEARANCE

the judge ad quern, or to whom an appeal was taken. Calvin. APPELLEE. The party in a cause against whom an appeal is taken; also called the "respondent." APPELLO. Lat. In the civil law. I appeal. The form of making an appeal apud acia. Dig. 49, 1, 2. APPELLOR. In old English law. A criminal who accuses his accomplices, or who challenges a jury. APPENDAGE. Something added as an accessory to or the subordinate part of another thing. 28 BT. J. Law, 26; 30 N. W. Rep. (Iowa,) 633. APPENDANT. A thing annexed to or belonging to another thing and passing with it; a thing of inheritance belonging to an other inheritance which is more worthy; as an advowson, common, etc., which may be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, etc. It differs from appurtenance, in that append ant must ever be by prescription, i. e., a per sonal usage for a considerable time, while an appurtenance maybe created at this day; for if a grant be made to a man and his heirs, of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 1216. See APPUR TENANCE. APPENDITIA. The appendages or ap purtenances of an estate or house. Cowell. APPENDIX. A printed volume, used on an appeal to the English house of lords or privy council, containing the documents and Other evidence presented in the inferior court and referred to in the cases made by the par ties for the appeal. Answering in some re spects to the "paper-book" or "case" in American practice. APPENSURA. Payment of money by weight instead of by count. Cowell. APPERTAINING. Belonging to; ap purtenant. See APPURTENANT. APPLICABLE. When a constitution or court declares that the common law is in force in a particular state so far as it is applicable, it is meant that it must be applicable to the habits and conditions of the community, as well as in harmony with the genius, the spirit, and the objects of their institutions. 3 Iowa, 402; 3 Scam. 121; 5 Gilman, 130.

The formal proceeding by which a defend ant submits himself to the jurisdiction of the court. According to Bouvier, appearance may be of the following kinds: Compulsory. That which takes place in consequence of the service of process. Conditional. One which is coupled with conditions as to its becoming general. De bene esse. One which is to remain an appearance, except in a certain event. See DE BENE ESSE. General. A simple and absolute submis sion to the jurisdiction of the court. Gratis. One made before the party has been legally notified to appear. Optional. One made where the party is not under any obligation to appear, but does so to save his rights. It occurs in chancery practice, especially in England. Special. That which is made for certain purposes only, and does not extend to all the purposes of the suit. Subsequent. An appearance by the de fendant after one has already been entered for him by the plaintiff. See Daniell, Ch. Pr. Voluntary. That which is made in an swer to a subpoena or summons without process. 1 Barb. Ch. Pr. 77. APPEARANCE DAY. The day for ap pearing; that on which the parties are bound to come into court. APPEARAND HEIR. In Scotch law. An apparent heir. See APPARENT HEIR. APPELLANT. The party who takes an appeal from one court or jurisdiction to an other. APPELLATE. Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. APPELLATE COURT. A court hay ing jurisdiction of appeal and review; a court to which causes are removable by ap peal, certiorari, or error. APPELLATE JURISDICTION. Ju risdiction on appeal; jurisdiction to revise or correct the proceedings in a cause already in stituted and acted upon by an inferior court, or by a tribunal having the attributes of a sourt. 6 Kan. 505. APPELLATIO. Lat. An appeal. APPELLATOR. An old law term hav ing the same meaning as "appellant," (q. v.) In the civil law, the term was applied to

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