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 remove 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 Metc. (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 Appearance.
APPEARANCE. In practice. A coming into court as party to a suit, whether as plaintiff or defendant.
The formal proceeding by which a defendant 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 either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. National Furnace Co. v. Moline Malleable Iron Works (C. C.) 18 Fed. 864. 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, without 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 taken as a general appearance; gratis, when made by a party in the action, but before the service of any process or legal notice to appear: de bene ease, when made provisionally or to remain good only upon a future contingency; subsequent, when made by a defendant after an appearance 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 different the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson. 1 Watts (Pa.) 351—Appearance day. The dry for appearing that on which the parties are bound to come into court. Cruger v. McCracken (Tex. Civ. App.) 26 S. W. 282.—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 appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.
APPEARAND HEIR. In Scotch law. An apparent heir. See Apparent Heir.
APPELLANT. The party who takes an appeal from one court or jurisdiction to another.
APPELLATE. Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications.
—Appellate court. A court having jurisdiction of appeal and review; a court to which causes are removable by appeal certiorai, or error.—Appellate jurisdiction. Jurisdiction 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. Auditor 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.
APPELLATIO. Lat. An appeal.
APPELLATOR. An old law term having the same meaning as "appellant," (q. v.)
In the civil law, the term was applied to the judge ad quem, or to whom an appeal was taken. Calvin.
APPELLEE. The party 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. Horsey. 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 pardon, the one so accused was called the "appellee." 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, or who challenges a jury.
APPENDAGE. Something added as an accessory to or the subordinate part of another thing. State v. Fertig, 70 Iowa, 272, 30 N. W. 633; Hemme v. School Dist. 30 Kan. 377, 1 Pac. 104; State Treasurer v. Railroad Co., 28 N. J. Law. 26.
APPENDANT. A thing annexed to or belonging to another thing and passing with it; a thing or inheritance belonging to another 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 appendant must ever be by prescription. i.e. a personal usage for a considerable time, while in appurtenance may be created at this day for it a grant be made to a man and his
