(108) (109) (110) Litt. 287 b. 4 Bl. Com. 314. 2 Wooddes. Lect. 337. Barringt. Obs. Stat. 27. They were abolished in England by statute 59 Geo. III. c. 46. Lord Holt once said he esteemed an appeal a noble remedy, and a badge of the rights and liberties of an Englishman. Rex v. Toler, 1 Ld. Raym. 555, 557. For the proceedings on an appeal of murder, see Bigby v. Kennedy, 2 W. Bl. 710. S. C. 5 Burr. 2463. The last appeal of this kind was Ashford v. Thornton, 1 B. & Ald. 405. of re-examination or review.* 4 Bl. Com. and maihem, and were in general triable by 312. Story, J. 1 Gallison's R. 12, 13. battel. Bract. lib. 3, tr. 2, cc. 19-30. An appeal, in the most general sense, Britt. c. 22. Fleta, lib. 3, c. 31. Co. embraces the proceedings by writ of error and certiorari, but, strictly and practically, it is distinct from both. 3 Bl. Com. 55, 454. See Certiorari, Writ of error. In its technical sense, it is peculiar to courts of equity, and other courts which proceed according to the course of the civil law; the judgments of courts of common law being removed by writ of error. An appeal removes a cause entirely, subjecting the fact as well as the law to a review and re-trial; a writ of error removes nothing for re-examination but the law. Story, J. 1 Gallison's R. 12, 13. Story on the Constitution, § 1762. Id. (Abr.) § 917. See Federalist, No. 81. United States Digest, Appeal. The word itself comes from the civil law. See Appellatio. (111) answer to the action. It is, in other words, To appeal from the sentence or decision the prescribed mode of complying with the of an inferior judge or court, to a superior, exigency of the plaintiff's process; the de- (ab inferioris judicis sententia ad superiofendant admitting, by his appearance, that rem provocare.) Calv. Lex. Literally, to he has had a general intimation of the call out, to call to, to call upon, [i. e. for suit, and is ready to receive a more particurelief;] which is the sense of the Latin lar statement of its ground and object. 3 equivalent provocare, and the Gr. Ekkadεtodai. Steph. Com. 564. Appearance is the first Appellare adversus sententiam; to appeal act of the defendant in court, and, until it against a sentence. Dig. 48. 3. 18. De is properly effected, no judgment can be sententia judicis appellare. Cod. 7. 16. 4. awarded against him in any personal Story, J. 1 Gallison's R. 13. See Appello, action. Id. ibid. 1 Tidd's Pr. 238. Appellatio. In actions at law, an appearance is effected either by putting in sufficient bail, where the action requires bail; or, in nonbailable actions, by endorsing on the process served a memorandum authorizing the clerk to enter an appearance; or, in some cases, by filing common bail, or entering a common appearance. 1 Tidd's Pr. 238240. Archb. New Pr. 71. A simple notice of appearance or retainer is also sometimes made equivalent to an appearance. 1 Burr. Pr. 112. A distinction, however, is made between an appearance and putting in bail, which is properly the act of the court itself. 1 Tidd's Pr. 238. In equity, an appearance is usually effected by the solicitor of the defendant filing with the clerk a memorandum requesting the entry of his appearance in the action. 1 Daniell's Chanc. Pr. 590. 1 Barbour's Chanc. Pr. 79. See Bail, Common bail, Common appearance. (112) ( 113 ) rived from the civil law. In the passage, mode of executing the power is not denavem ad eas [ripas] appellere, some copies fined. 3 Kent's Com. 330. 1 Powell on have applicare. Dig. 1. 8. 5. Devises, 65-71. It is not considered as (114) Jur. § 475 a, note. A term applied to rents, common, and other incorporeal hereditaments. See infra. (115) dere, to take hold of.] In practice. take or take hold of; to take a person criminal process. To on (116) Plowd. 102 a. Barristers are styled in the ( 117 ) law. To take to one's own separate use; 2 Bl. Com. 34. 3 Id. 240. 1 Crabb's to appropriate; to approve. Appropriare Real Prop. 291, § 319. Id. 306, § 342. et includere [communiam]; to approve, or Cowell. separate and enclose a common; to discommon it. Bract. fol. 228. Kennett's Par. Ant. 336.