KFLCC Kingdom Law 2nd Ed.

76

APOTHECARY

APPEAL

APOTHECARY. Any person who keeps a shop or building where medicines are com pounded or prepared according to prescrip tions of physicians, or where medicines are sold. Act Cong. July 13, 1866, c. 184, § 9, 14 Stat 119; Woodward v. Ball, 6 Car. & P. 577; Westmoreland v. Bragg, 2 Hill (S. C.) 414; Com. v. Fuller, 2 Walk. (Pa.) 550. The term "druggist" properly means one whose occupation is to buy and sell drugs, without compounding or preparing them. The term therefore has a much more lim ited and restricted meaning than the word "apothecary," and there is little difficulty in concluding that the term "druggist" may be applied in a technical sense to persons who buy and sell drugs. State v. Holmes, 28 La. Ann. 767, 26 Am. Rep. 110; Apothecaries' Co. v. Greenough, 1 Q. B. 803; State v. Donald son, 41 Minn. 74, 42 N. W. 781. AFPABATOR. A furnisher or provider. Formerly the sheriff, in England, had charge of certain county affairs and disbursements, in which capacity he was called "apparator comitatus," and received therefor a consider able emolument. Cowell. That which is obvious, evident, or manifest; what appears, or has been made manifest In respect to facts involved in an appeal or writ of error, that which is stated in the record. —Apparent danger, as used with reference to the doctrine of self-defense in homicide, means such overt actual demonstration, by conduct and acts, of a design to take life or do some great personal injury, as would make the kill ing apparently necessary to self-preservation. Evans v. State, 44 Miss. 773; Stoneman v. Com., 25 Grat (Va.) 896; Leigh v. People, 113 111. 379.—Apparent defects, in a thing sold, are those which can be discovered by simple in spection. Code La, art. 2497.—Apparent easement. See EASEMENT.—Apparent heir. In English law. One whose right of inheritance is indefeasible, provided he outlive the ances tor. 2 Bl. Comm. 208. In Scotch law. He is the person to whom the succession has actually opened. He is so called until his regular entry on the lands by service or infeftment on a pre cept of clare constat.— Apparent maturity. The apparent maturity of a negotiable instru ment payable at a particular time is the day on which, by its terms, it becomes due, or, when that is a holiday, the next business day. Civil dode Cal. § 3132. APPARITIO. In old practice. Appear ance; an appearance. Apparitio in judicio, an appearance in court Bract fol. 344. Post apparitionem, after appearance. Fleta, lib. 6, c. 10, § 25. APPARITOR. An officer or messenger employed to serve the process of the spir itual courts in England and summon offend ers. Cowfill. In the civil law. An officer who waited upon a magistrate or superior officer, and executed his commands. Calvin; Cod. 12, 53-57. APPARENT.

APPARLEMENT. In old English law. Resemblance; likelihood; as apparlement of war. St 2 Rich. II. st 1, c. 6; Cowell. APPARURA. In old English law the apparura were furniture, implements, tackle, or apparel. Carucarum apparura, plow tackle. Cowell. APPEAL. In civil practice. The com plaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision 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 re trial. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619. The distinction between an appeal and a writ of error is that an appeal is a process of civil law_ origin, and removes a cause entirely, sub jecting 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 amination but the law. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619; TJ. S. v. Goodwin, 7 Cranch, 108, 3 L. Ed. 284; Cunningham 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 par ticular regard to the mode by which a cause ia transmitted to a superior jurisdiction. U. S. v. Wonson, 1 Gall. 5, 12, Fed. Gas. No. 16,750. In criminal practice. A formal accusa tion made by one private person against an other of having committed some heinous crime. 4 Bl. Comm. 312. Appeal was also the name given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed 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 "appellee." 4 Bl. Comm. 330. In legislation. The act by which a mem ber of a legislative body who questions the correctness of a decision of the presiding of ficer, or "chair," procures a vote of the body upon the decision. In old French, law. A mode of proceed ing in the lords' courts, where a party was dissatisfied with the judgment of the peers, which was by accusing them of having given a false or malicious judgment, and offering to make good the charge by the duel or com bat. This was called the "appeal of false Judgment." Montesq. Esprit des Lois, liv. 28, c. 27. —Appeal bond. The bond given on taking an appeal, by which the appellant binds himself to pay damages and costs if he fails to prosecute the appeal with effect. Omaha Hotel Co. v. Kountze, 107 U. S. 378, 2 Sup. Ct. 911, 27 L. Ed. 609.— Cross-appeal. Where both parties