28 Feb y 1807

Letter V

IV. Application Modes

Removal 1. some regard to decision. 2. in consideration of decision.

Application; made to one Court in the character of a superior Court, on the occasion of a cause commenced or proferred to be commenced in another Court, may have any one of │ │ objects.

1. Causing a definitive judgement pronounced in the Court below to be reversed: i.e. judgement for defendant, changed to judgement for plaintiff; or judgement for plaintiff changed into judgement for defendant.

2. Causing a definitive judgement to be modified: viz. if in favour of the planitiff. 1. by taking away something from what is given; 2. by adding something to what is given: 3. by substituting something not given to something given: 4. by annexing conditions either 1. to what is given, or 2. to the defalcation, the addition, or the substitution above-mentioned.

3. Causing an interlocutory judgement to be reversed as above.

4. Causing an interlocutory judgement to be modified, as above.

N.B. All these four modes of application are comparable under the word appeal taken in its largest sense.

5. Appeal in the case where the decision complained of was expressed by the verdict of a Jury and the object of the application is to have the cause substituted to another Jury, is called in English law Motion for a New Trial.