Samuel Freeman Miller,
Wood v. Bailey Assignee — Opinion of the Court
“ The 'defeated party in equity' is generally the one who takes the appeal, and does not, therefore, require notice, but must give it. We can see no use or sense in that word in that connection. The purpose of the act, the remainder of the section in which the word is used, and the impossibility of any other reasonable meaning, requires that the word should be construed 'opposite party,' or 'successful party,' or 'adverse party;' in a word, the party who does not appeal in an equity suit, and who is interested to oppose the appeal. ”
