Appeals

In law, an appeal is a process for requesting a formal change to an official decision.

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The Dictionary of Legal Quotations (1904)Edit

Quotes reported in James William Norton-Kyshe, The Dictionary of Legal Quotations (1904), p. 13-15.
  • It is the glory and happiness of our excellent constitution, that to prevent any injustice no man is to be concluded by the first judgment; but that if he apprehends himself to be aggrieved, he has another Court to which he can resort for relief; for this purpose the law furnishes him with appeals, with writs of error and false judgment.
    • John Pratt, L.C.J., King v. Chancellor, &c, of the University of Cambridge (1720), 1 Str. Rep. 564.
  • A number of American authorities were cited in the course of the argument, which may be briefly noticed, seeing that they were made the subject of comment in both Courts below.
    • Lord Watson, Huntington v. Attrill, 62 L. J. Rep. P. C. C. 1893, p. 49.
  • In coming to that conclusion, as I do upon principle, I am much strengthened by the American authorities to which my attention has been called.
    • Fry, J., Steel v. Dixon (1881), L. R. 17 C. D. 831, 50 L. J. Ch. 593.
  • A rule of such general adoption shows that there is nothing in it inconsistent with the relative rights and duties of principal and surety, and that it accords with a common sense of justice and the natural equity of mankind.
    • Chancellor Kent, Hayes v. Ward (1819), 4 Johns. (U.S.) Ch. Rep. 132.
  • I think it beyond question that it is generally the duty of an appellate Judge to leave undisturbed a decision of which he does not clearly disapprove. I conceive that, in our Court, as in the civil law, it is the rule that "gravely to doubt is to affirm."
    • Knight Bruce, L.J., The Attorney-General v. The Corporation of Beverley (1854), 24 L. J. Rep. (N. S.) Part 7, Chan. p. 376.
  • It is needless to enter into many reasons for quashing the conviction, when one alone is fully sufficient.
  • It has not been deemed improper by the best of Judges to say that it would be a satisfaction not to them only, but to the profession at large, if a point of novelty and difficulty were taken to the Court of Appeal.
    • Kekeioich, J., In re England, L. R. 2 Ch. Div. [1895], p. 109.
  • If no appeal were possible, I have no great hesitation in saying that this would not 'be a desirable country to live in. . . . It is quite true that there is enough difficulty in appealing as it is; but if there is to be no appeal at all possible the system would be intolerable.
    • Bowen, L.J., The Queen v. Justices of County of London, &c. (1893), L.R. 2Q.B. 492.
  • A decision of the House of Lords requires no sanction.
    • Kekewich, J., In re Weall Andrews v. Weall (1889), L. R. 42 Ch. D. 679.
  • A solemn decision of a competent Judge is by no means to be disregarded, and I ought not to overrule it without being clearly satisfied in my own mind that the decision is erroneous.
    • Lord Longdaie, M.R., Ward v. Painter (1839), 2 Beav. 93.
  • I should be desirous that my opinion should not be conclusive on the parties, if there were any mode by which our judgment could be reviewed in a Court of error.
    • Lord Kenyan, C.J., Petrie v. White (1789), 3 T. R. 9.
  • I am desirous that the case should be brought under the consideration of a higher tribunal, without any unnecessary delay, and to afford every facility in my power for the correction of any error into which I may have fallen.
    • Lord Langdale, M.R., Tullett v. Armstrong (1838), 1 Beav. 31.
  • It is a great satisfaction for me to find, that this matter will undergo investigation elsewhere, before it is finally decided.
    • Lord Langdale, M.R., Wilson v. Eden (1850), 12 Beav. 459.
  • I trust I have not misinterpreted the views of the Court of Appeal in a matter of so much importance, and, further, that if I have, any misconceptions of mine may be speedily removed by the decision of a higher tribunal.
    • Stirling, J., Verner v. General, &c. Trust (1894), L. R. 2 C. D. [1894], p. 260.
  • A decision of the House of Lords upon a question of law is conclusive, and binds the House in subsequent cases. An erroneous decision can be set right only by an Act of Parliament.
    • London Street Tramways Co. v. London County Council (1898), L. R. Ap. Ca. [1898], 375.
  • Many cases occur, in which it is perfectly clear, that by means of a reference to arbitration, the real interests of the parties will be much better satisfied than they could be by any litigation in a Court of justice.
    • Lord Langdate, M.R., The Earl of Mexborough v. Bower (1843), 7 Beav. 132.

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Last modified on 23 July 2013, at 18:25