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APPEAR 65 APPEARAppeal bond. An obligation, with sure-
ties, given by an appellant in order to removea cause by appeal,
and conditioned for thepayment of damages and costs if he fails to"
prosecute the appeal with effect," q. v.
If the judgment is afBrmed the sureties, propriavigore, become
liable to the same extent as the prin-cipal for the damages and
costs. In an appeal to astill higher court new sureties are,
required.^An appeal bond, or a bond in error, is a formal in-
strument required and governed by the law, and, bynearly a
century's use, has become a formula in legalproceedings, with a
fixed and definite meaning. Asthe important right of appeal is
greatly affected by it,it is not allowable, in practice, by a
change in phrase-ology, to give it an effect contrary to what the
statutesintend as, in Federal practice, the acts of 1789 and1803:
R. S. 1000, 1007, 1010, 1018. It wouldbe againstthe policy of the
law to suffer such deviations and ir-regularities. The rule
followed in some States is asound one, that if the condition of the
bond substan-tially conforms to the requirements of the statutes it
issuificient, though it contain variations of language;and that if
further conditions be superaddedthe bondis not therefore invalid,
so far as it is supported bythe statute, but only as to the
superadded condi-tions.'*
Court of appeals. Any court ordainedto review the final decrees
of another courtin several States the tribunal of last resort.The
highest court in Kentucky, Maryland, and New
York. In Virginia and West Virginia it is known asttie "supreme
court of appeals;" in Delaware andNew Jersey, as the " court of
errors and appeals " InTexas the court is inferior to the supreme
court. InEngland designates one of the two subdivisions of
thesupreme court of judicature as constitutedby the actsof 1873 and
1875.
See Error, 2 (2, 3), Court of. Writ of; Finai., 3;Paper, 5;
Supersedeas.
3. In old English law an accusation by aprivate subject against
another of a heinouscrime, demanding punishment on account ofthe
particular injury suffered, rather thanfor the offense against the
public.Appellor: the accuser; appellee: the
accused.Originated, probably, when a private pecuniary
satisfaction, called toeregild, was paid to the party in-jured
or to his relatives to expiate enormous crimes.'
Abolished in 1819, after the case of Ashfard v. Thorn-ton. See
Battel.APPEAR. The right to ' ' appear " beforea tribunal engaged
in the transaction of par-ticular business implies the right to be
heard
> Babbitt v. Finn, 101 U. S. 16, 13 (1879); BeaU v.
NewMexico, 16 Wall. 539 (1872).
= Kountze v. Omaha Hotel Co., 107 U. S. 395-96 (1882),cases; 11
Lea, 72.
4 Bl. Com. 312-17; 110 U. S. 526.(5)
thereabout, so far, at least, as the party
isinterested.!Appearance. 1. Being apparent, q. v.2. Having the
form or semblance of. See
Color, 3 ; Facies.3. Coming into court as a party to a suit
presence in court as a suitor. Used, particu-larly, of a
defendant's presence, in person orby, attorney.2 Opposed,
non-appearance.An entry of appearanceupon the record of a causeis
to be interpreted by the practice of the particularcourt. Whatever
is held to be a submission to its au-thority in the caxise, whether
coerced or voluntary,will be deemed an appearance.'Made by entering
of record the name of the partyor his counsel, and at the request
of either; also, by
entering bail, answer, demurrer, or by any other actadmitting
that the defendant is in court, submitting tothe jurisdiction.
Originally, when pleadings wereoral, made by actual presence in
court.An appearance may be general or common,or special or
conditional, according as it isunqualified or unrestricted, or made
for aspecific purpose as, to make a motion, or ,is coupled with a
condition; de bene esse,when provisional on an event;
voluntary,compulsory, or optional, according as it isentered
freely, is compelled by plaintiff's ac-tion, or is made by one not
obliged to appeal',but who applies to do so, to save a right ;
inperson, by attorney, by next friend, by guard-ian, or by
committee, according as the partyhimself defends, or employs or is
representedby another ; pro hac vice, when in some spe-cial
relation; corporal, when by defendantin person.
Corporal appearance is generally required in acriminal trial. In
modern practice In civil actionsappearing may be constructive or
figurative.An appearance is to be entered by a cer-tain day, called
the appearance day; towhich day writs are made returnable. It
is"general" when it is the stated day ordi-narily observed; and "
special " when someother day, as, the day appointed in a
par-ticular case.On every return day in the term the person, at
common law, had three days of grace beyond the daynamed in the
writ in which to appear, and if he ap-peared on the fourth day
inclusive, quarto die post, it
Dundee Mortgage Trust Invest. Co. v. Charlton, 32F. R. 194
(1887).
a See Schroeder v. Lahrman, 26 Minn. 88 (1879); Lar-rabee v.
Larrabee, 33 Me. 102 (1851).'Cooley V. Lawrence, 5 Duer, 610
(1855); Grigg v.
Gilman, 54 AJa. 430 (1875).
