APPEAL

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APPEAL

APPEAL

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, sofar that no action can be taken upon it until after the final decision ofthe cause. Its object is to review the whole case, and to secure a justjudgment upon the merits. 3. An appeal differs from proceedings in error, under which the errorscommitted in the proceedings are examined, and if any have been committedthe first judgment is reversed; because in the appeal the whole case isexamined 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.

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