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Appeal

word, appel and person

APPEAL. This word is derived im mediately from the French Appel or Apel, which is from the Latin Appellatio. The word Appellatio, and the correspond ing verb Appellate, had various juridical signification among the Romans. It was used to signify a person's applying to the tribunes for their protection ; and also generally to signify the calling or bringing of a person into court to answer for auy matter or offence. Under the Empire, Appellatio was the term used to express an application from the decision of an inferior to a superior judge on some sufficient ground. The first title of the 49th book of the Digest is on Appeals (De Appellationibus). In the French language, the word apellant signifies he who appeals, he who makes an appel from the decree or sentence of an inferior judge, and 'both words have the same sense in the English. Appel also sig nifies a challenge to single combat.

The French word Appeller is ex plained as signifying the act of summon ing the party against whom complaint s made. There is also the phrase to from one to another," which is the ' lish expression. The Latin word Appel 'are is used both to express the summon ing or calling on a person against whom a complaint or demand is made, and the calling on, or applying to, the person whose protection is sought (Appius tri bunos appellavit: Livy, iii. 56). In the Roman law-writers the common phrase is " appellare ad;" from which is borrowed the modern expression " to ap peal to ; " and the appellant is said " appellare adversus, contra, aliquem or sententiam priesidis," or " appellare a, ex, de sententia," which phrases resemble those in use among us. (Facciolati, Lex. Appello ; Richelet, Dictionnaire de to Langue Bytncoise.)