Appellate Procedure in Equity Cases: A Guide for Appeals at Law

Abstract

The shorter textbooks on equity have given but passing attention to the subject of appeal.1 Professor McClintock stresses chiefly the scope of review.2 He points out that in common law cases, which are reviewed by writ of error, the only question is whether the judgment should be affirmed or should be reversed because of errors committed to which exceptions were taken at the time. In equity, on the other hand, review is by appeal, and the question is, not whether the lower court committed error, but whether it rendered a decree which should have been rendered in the light of the entire case as disclosed by the record. In common law cases the appellate court could ordinarily review only rulings of law. In equity cases, on the other hand, the appellate court could review findings of fact as well as conclusions of law. This power was freely exercised so long as evidence was taken in writing. But when the evidence came to be taken orally in open court, the appellate court gave much more weight to the findings of fact by the trial judge since he had seen and heard the witnesses testify and could therefore better determine their credibility. But even then, Professor McClintock concludes, the appellate court was not bound by the findings of the court below on the issues of fact. Equity appeals are also discussed by Professor Clephane in the last nine pages of his Handbook of the Law of Equity Pleading and Practice.3 He makes note of the following features of such appeals: ordinarily they lie only from final decrees; appeals can be taken only by the parties to the writ or their representatives; time and manner of taking appeals are wholly statutory; appellant muist generally give a