ates, 1873 to 1891. Under these statutes the Supreme
Court may entertain appeals from the highest court of a state of the
Union, but only (1) where the state court has decided against the
validity of a treaty or statute of the United States, or of an authority
exercised under the United States; (2) where a state court has affirmed
the validity of a statute, or of an authority exercised which has been
challenged on the ground of repugnance to the constitution, laws or
treaties of the United States; (3) where the state court has decided
against the existence of a title, right, privilege, or immunity claimed
or set up under the constitution of, or under any statute, treaty,
commission or authority of the United States.

The appeal from state courts is by writ of error, i.e. on law only; and
applies as well in criminal as in civil cases. The Supreme Court will
not act unless the federal question was raised in the court below
(_Chicago U.S. Mail Co._ v. _McGuire_, 1904, 196, U.S. 128). The circuit
court of appeals, established in 1891, deals with appeals from the
district and circuit courts of the United States, except where other
provision is made, e.g. where the jurisdiction of the court appealed
from is in question; in prize causes and convictions of capital crimes
(U.S. Statutes, 1801, c. 54. S 5); in cases involving the construction
or application of the constitution; in cases arising in district or
circuit courts involving the constitutional questions already stated as
subject of appeal from state courts.

The review by the circuit court of appeals is effected by appeal or by
writ of error, and its decision is final, with certain exceptions but
with power to certify cases to the Supreme Court for instructions (1891,
c. 511, S 6).

The Supreme Court hears appeals from the circuit court of appeals within
the limits above stated, and appeals from the circuit and district
courts in cases in which an appeal does not lie to the circuit court of
appeals, and has power to issue a _certiorari_ to transfer a case from
the circuit court of Appeals. (W. F. C.)

APPEARANCE (from Lat. _apparere_, to appear), in law, the coming into
court of either of the parties to a suit; the formal act by which a
defendant submits himself to the jurisdiction of the court. The
defendant in an action in the High Court of England enters his
appearance to the writ of summons by delivering, either at the central
office of the Supreme Cour