Law Dictionary

appeal

practice. The act by which a party submits to the decision of a superior court, a cause which has been tried in an inferior tribunal. 1 S. & R. 78 Bin. 219; 3 Bin. 48.

2. The appeal generally annuls the judgment of the inferior court, so far that no action can be taken upon it until after the final decision of the cause. Its object is to review the whole case, and to secure a just judgment upon the merits.

3. An appeal differs from proceedings in error, under which the errors committed in the proceedings are examined, and if any have been committed the first judgment is reversed; because in the appeal the whole case is exainined and tried as if it had not been tried before. Vide Dane's Ab. h. t.; Serg. Const. Law Index, h. t. and article Courts of the United States.

Source : Bouvier 1856

Language : English

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