Appeal

“ For indeed, dearly beloved, their business consists in accusations, and that of the most solemn character, forasmuch as the tribunals to which they make their appeal are the most solemn of any upon earth. ”

“ What is meant by prosecuting his appeal to effect? It is an expression substantially equivalent to prosecuting his appeal with success; to make substantial and prevailing his attempt to reverse the decree or judgment awarded against him. ”

“ They were not successful; and some may be ready to ask, “Why then publish them?” It may be sufficient to reply, “I choose to do so;” “I choose to appeal from the award of the Judges to the decision of the public.” A single sentence will explain why I make such an appeal. The gentlemen appointed to act as judges based their decision, according to their published statement, as much upon “suitability for recitation at a public festival,” as upon “literary merit.” ”

“ Ancient judicial theory and practice comprehended not merely trials before a regular tribunal, in which the merits of a case were duly ascertained by the joint efforts of judge, counsel, and assize, but also an alternative method of arriving at the same result—namely, a solemn appeal to the bar of Almighty God. ”

“ What is required to be done, in the case of an appeal, is the first thing which deserves to be ascertained. An appeal takes place in consequence of a complaint against the previous judge. Where no complaint, there is no appeal, nor place for appeal. ”

“ The court of appeal may make any order which it deems just as to the costs of the whole or any part of an appeal, except possibly in the case of certain appeals in matters on the crown side of the High Court, as to which some doubt still exists. ”

“ Only run their bill up. I'm safe to win before the Court of Appeal. Lord Justice GRILL a first-rate lawyer—sure to reverse old PROSER. I can," he ends with conscious pride, "twist GRILL round my finger, so to speak." ”

“ On an appeal, the parties are entitled to have all the facts proved in the case before the court below, in the judgment of the court, truly found, and stated in the record, that either deemed material to the decision ”

“ An appeal to the IG may be for information and explanations concerning status and duties, to describe perceived unreasonable conditions under which the appellant works, to report on inadequate support to themselves or their dependents or, for other reasons to seek relief from what the grievant considers an intolerable and unjustifiable situation. ”

“ Although the verdict suggested in the fostering care of the people or in its lack, may be wrong, as future ages may show, yet for us in our inquiry in the twentieth century this jury is our only court of appeal and its dictum must be final. ”

“ The high court of appeal shall be composed as follows:--All the officers of state shall meet on the last day but one of the year in some temple, and choose for a judge the best man out of every magistracy: and those who are elected, after they have undergone a scrutiny, shall be judges of appeal. ”

“ Upon a writ of error we are confined to the bill of exceptions, or questions of law otherwise presented by the record; and upon an appeal, to the statement of facts and rulings certified by the court below. The facts set forth in the statement which must come up with the appeal are conclusive on us. ”

“ Every day's law-reports remind us that each decision given is so uncertain that the probability of appeal depends chiefly on the courage or pecuniary ability of the beaten litigant—not on the nature of the verdict ”

“ Exceptional situations may arise where a circuit court of appeals might fairly conclude that oral argument by prisoner in person is 'reasonably necessary in the interest of justice.' True, an appeal can always be submitted on written briefs. ”

“ And provided also, That no such appeal shall be allowed in any criminal action or prosecution, where final judgment shall have been rendered in favour of the defendant or respondent, by the state court; and in any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act and any special matter in evidence. ”

“ If this court were to re-examine the merits of the case, the appellant would have the full benefit of an appeal which he could not have taken at all, had that court acted rightly in a matter wholly independent of those merits. ”

“ Now, we want to create a Court of Counsel or Appeal, to which anyone suffering from imposition having to do with person, liberty, or property, or anything else of sufficient importance, can apply, and obtain not only advice, but practical assistance. ”

“ There is no recognized tribunal to appeal to: there is no agreement as to any form in which the appeal shall be made. In practice the old-fashioned English way of redress, to write to The Times, is as good as any other. ”

“ On appeal, likewise, the appellate court must consider the evidence in its strongest light in favor of the party against whom the motion for directed verdict was made, and must give him the advantage of every fair and reasonable intendment that the evidence can justify.' 5 Moore's Federal Practice 2316 (2d ed., 1951) . ”

“ III. In an appropriate case, appeal may be permitted ... at the behest of the party who has prevailed on the merits, so long as that party retains a stake in the appeal satisfying the requirements of Art. ”

“ An appeal is a matter of right, and, if prayed, must be allowed; but should never be prayed without some expectation of reversal. We impose penalties when writs of error merely for delay are sued out, in cases of judgments at law for damages ”

“ There can be no final court of appeal in matters where opinion is thus divided, save the experience of coming generations. We are therefore content to state our own position and leave it to the future for rejection or acceptance, as the case may be. ”

“ If the man who made the appeal loses it, he shall pay the judge his fine, and all the expenses of his messengers to the king, and damages to the man against whose decision he appealed....
If a judge asks a man to render a decision, and the man is in doubt and cannot make up his mind about it, he may refuse to give a decision, and the judge shall ask someone else for a decision.... If a man proposes a decision and someone who is present objects to it and proposes another, the judge shall accept that decision which receives a majority of the votes of those present. ”

“ To justify a review of the decision under the act governing this appeal it is sufficient if the validity of the authority is drawn in question, irrespective of the conclusion reached by the court below. ”

“ They cannot vary it, or examine it for any other purpose than execution; or give any other or further relief; or review it upon any matter decided on appeal for error apparent; or intermeddle with it, further than to settle so much as has been remanded. ”

“ The Power of the Courts of Appeals.-Petitioner contends that the power of the Courts of Appeals does not extend to the issuance of writs of mandamus to review interlocutory orders except in those cases where the review of the case on appeal after final judgment would be frustrated. ”

“ Ancient Epitome of Canon LXXIX.
When a cleric has been convicted of a crime, if he says his cause should be heard upon appeal, let the appeal be made within a year; after that the appeal shall not be admitted. ”

“ She is teaching the world that the ultimate court of appeal is observation and experiment, and not authority; ”

“ Have we not a better and more urgent use for our time now than in showing why some of us would have liked them settled differently? In my State there is a dictum by an eminent judge of the Court of Appeals, so familiar now as to be a commonplace, to the effect that when that court has rendered its decision, there are only two things left to the disappointed advocate. ”

“ They deviated likewise, I believe, from all the ordinary rules of courts of appeal, in ignoring, instead of examining, p. 45the judgment of the court from which the appeal came up, the decision of which they were about to reverse. Many will be the hearts that will grieve over these things as time goes on, first, generally, on the ground of the dissatisfaction and distrust which such proceedings cast upon the character of the administration of our law ”

“ Appeal must be to an informed, civically militant electorate. ”

“ The Courts of Appeal are without disagreement on this point [2] and it is, of course, a necessary rule in order to prevent the making of misrepresentations for the very purpose of forestalling inquiry as to eligibility. ”

“ Before considering the merits of the controversy, however, it becomes necessary to examine the motion filed by the respondents to dismiss the appeal, which presents a preliminary question, and consequently should be first decided. ”

“ And as 'a cause,' in its usual and natural meaning, includes all questions that have arisen or may arise in it, there is strong reason for holding that a judge who has once heard the cause, either upon the law or upon the fac s, in the court of first instance, is thenceforth disqualified to take part, in the circuit court of appeals, at the hearing and decision of the cause, or of any question arising therein. ”

“ Appeals will be brought ad infinitum—we ourselves shall bring appeals, to set aside any judgment that may be given, until something more is consulted than individual taste; better evidence brought forward than the result of individual reading ”

“ The tendency of democracies is, in all things, to mediocrity, since the tastes, knowledge and principles of the majority form the tribunal of appeal. ”

“ It is true that there are cases in the books, in which appeals from judgments of the court of claims, appearing to have been rendered pro forma, but no objection being taken on that ground, have been considered and decided upon the merits. ”

“ And the rule requires that the judgment to be appealable should be final not only as to all the parties, but as to the whole subject-matter and as to all the causes of action involved. Louisiana Navigation Co. ”

“ We may appeal to the experience of every sensible lawyer, whether any thing can be more hazardous or discouraging than the usual entrance on the study of the law. ”

“ But we do not think, under the conditions which presently exist, we are called upon to consider the correctness of the theory upon which the court of appeals placed its decision, or the soundness of the contentions at bar by which that theory is supported on the one hand or assailed on the other. ”

“ The reasoning in the case just cited fully vindicates this rule, in our judgment, as a sound construction of the acts of Congress relating to appeals, and is sustained by the authority of several decisions. ”

“ Notwithstanding doubts necessarily engendered by some conflicting statements and questionable circumstances, upon consideration of the whole record we think the decision of the circuit court of appeals is correct. ”

“ All of the courts of appeals have compensated for the administrative proceedings by holding that the Government need not plead and prove many elements that would normally be a part of its case-in-chief. ”

“ Sundry arguments advanced here to support respondents' demand for affirmance, notwithstanding the erroneous pronouncement below, will be matter for consideration when the cause comes again before the Circuit Court of Appeals. ”

“ An appeal, Hinnissy, is where ye ask wan coort to show it's contempt f'r another coort. ”

“ Every pleader who acts in the business of another should have regard to four things:—First, that he be a person receivable in court, that he be no heretic, nor excommunicate, nor criminal, nor man of religion, nor woman, nor ordained clerk above the order of sub-deacon, nor beneficed clerk with the cure of souls, nor infant under twenty-one years of age, nor judge in the same cause, nor open leper, nor man attainted of falsification against the law of his office. ”