KFLCC Kingdom Law 2nd Ed.

77

APPEALED

APPENDANT

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 conrt. A court having juris diction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.—Appellate jurisdiction. Jurisdic tion on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Au ditor of State v. Railroad Co., 6 Kan. 505, 7 Am. Rep. 575; State v. Anthony, 65 Mo. App. 543; State v. Baker, 19 Fla. 19; Ex parte Bollman. 4 Cranch, 101, 2 L. Ed. 554, APPELLATOR. An old law term hav ing the same meaning as "appellant," (q. v.) In the civil law, the term was applied to the judge ad quern, or to whom an appeal was taken. Calvin. APPELLEE. Theparty in a cause against whom an appeal Is taken; that is, the party who has an interest adverse to setting aside or reversing the judgment. Slayton v. Hor sey, 97 Tex. 341, 78 S. W. 919. Sometimes also called the "respondent." In old English law. Where a person charged with treason or felony pleaded guilty and turned approver or "king's evidence," and accused another as his accomplice in the same crime, in order to obtain his own par don, the one so accused was called the "ap pellee." 4 Bl. Comm. 330. APPELLO. Lat. In the civil law. I appeal. The form of making an appeal apud acta. Dig. 49, 1, 2. APPELLOR. In old English law. A criminal who accuses his accomplices, orwho challenges a jury. APPENDAGE. Something added as an accessory to or the subordinate part of an other thing. State v. Fertig, 70 Iowa, 2f72, 30 N. W. 633; Hemme v. School Dist., 30 Kan. 377, 1 Pac. 104; State Treasurer r. Railroad Co., 28 N. J. Law, 26. 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 may be created at this day; for if a grant be made to a man and his APPELLATIO. Lat An appeal.

to a judgment appeal therefrom, the appeal of each is called a "cross-appeal" as regards that of the other. 3 Steph. Comm. 581. APPEALED. In a sense not strictly technical, this word may be used to signify the exercise by a party of the right to re move a litigation from one forum to another; as where he removes a suit involving the title to real estate from a justice's court to the common pleas. Lawrence v. Souther, 8 Mete (Mass.) 166. APPEAR. In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. "Making it appear and proving are the same thing." Freem. 53. To be regularly in court; as a defendant in an action. See APPEABANCE. APPEARANCE. In practice. A com ing into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defend ant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988. Classification. An appearance may be ei ther general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a sub mission to the jurisdiction for some specific pur pose only, not for all the purposes of the suit. National Furnace Co. v. Moline Malleable Iron Works (C C.) 18 Fed. 8G4. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, w ithout the service of process, though process may be outstanding. 1 Barb. Ch. Pr. 77. It is said to be optional when 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 its becoming or being tak en as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; subse quent, when made by a defendant after an ap pearance has already been entered for him by the plaintiff; corporal, when the person is physically present in court. —Appearance by attorney. This term and "appearance by counsel" are distinctly differ ent, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate with out whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not super sede the appearance by counsel. Mercer v. Watson, 1 Watts (Pa.) 351.—Appearance day. The day for appearing; that on which the parties are bound to come into court. Cru er v. McCracken (Tex. Civ. App.) 26 S. W. 82.—Appearance docket. A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.—Notice of ap pearance. A notice given by defendant to a plaintiff that he appears in the action in per son or by attorney. APPEARAND HEIR. In Scotch law. An apparent heir. See APPABENT HEIB.