Appearance

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Appearance

Post by notmartha » Mon Mar 21, 2016 5:03 am

BIBLE

KJV References

In the Old Testament, the words “appear,” “appeared,” and “appearance” are found 108 times. They most often refer to a type of vision or dream.

Opsis, Greek Strong's #3799, is used 3 times in the New Testament. It is translate as appearance (1), face (1), countenance (1). It is translated as “appearance” in the following verse:
John 7:24 - Judge not according to the appearance, but judge righteous judgment.
Prosōpon, Greek Strong's #4383, is found 78 times in the New Testament. It is translated as face (55), person (7), presence (7), countenance (3), miscellaneous translations (5). It is translated as “appearance” in the following verses:
2 Corinthians 5:12 - For we commend not ourselves again unto you, but give you occasion to glory on our behalf, that ye may have somewhat to answer them which glory in appearance, and not in heart.
2 Corinthians 10:7 - Do ye look on things after the outward appearance? If any man trust to himself that he is Christ's, let him of himself think this again, that, as he is Christ's, even so are we Christ's.
Eidos, Greek Strong's #1491, is used 5 times in the New Testament. It is translated as shape (2), fashion (1), sight (1), appearance (1). It is translated as “appearance” in the following verse:
1 Thessalonians 5:22 - Abstain from all appearance of evil.
The Companion Bible, E.W. Bullinger
106. THE SYNONYMOUS WORDS FOR "APPEAR", "APPEARING", ETC.

I. APPEAR (The Verb).
There are eight words (or expressions) rendered appear, &c., in the A.V., which are to be distinguished as follows : --
i. phaino = to shine forth so as to be seen : having reference to the manner in which a matter presents or shows itself, independently of any observer. Hence the word phenomenon.
ii. anaphainomai. Passive of No. i, with ana prefixed = to be shown forth, come to light, come into sight.
iii. epiphaino = to shine, shew light upon. No. i with ep1 (Ap. 104. ix).
iv. emphanizo = to cause to be manifested or shown plainly and clearly; used of causing that to be seen (or known) which would not otherwise have been cognizable by the unaided eye (or mind). It occurs ten times : Matt. 27:53. John 14:21,22. Acts 23:15, 22; 24:1; 25:2, 15. Heb. 9:24; 11:14. Cp. the Sept. use for Heb hodia (Ex. 33:13); and for amar (Est. 2:22).
v. phaneroo = to bring to light, make manifest. Cp. phaneros = manifest in No. viii below.
vi. optomai = to see with the eye, referring to the thing seen (objectively); thus differing from blepo (see Ap. 133. I. 5), which denotes the act of seeing or of using the eye.
vii. erchomai = to come. Rendered "appear" only in Acts 22:30, where all the critical texts (See Ap. 94) read sunerchomai = "come together".
viii. eimi phaneros = to be visible, manifest, or open to sight (phaneros, adj. of No. v, above, with eimi = to be). So rendered only in 1Tim. 4:15.
ix. apokalupto = to unveil so as to be visible to the eye.

II. APPEARING (The Noun).
i. apokalupsis = unveiling, revelation, manifestation. Hence Eng. "Apocalypse". From apo = from (Ap. 104. iv), and kalupto, to cover = uncovering, or unveiling. When used of a person it always denotes that he is visible. Occurs Luke 2:32. Rom. 2:5; 8:19; 16:25. 1Cor. 1:7; 14:6, 26. 2Cor. 12:1, 7. Gal. 1:12; 2:2. Eph. 1:17; 3:3. 2Thess. 1:7. 1Pet 1:7, 13; 4:31. Rev. 1:1.
ii. epiphaneia a shining forth upon. Hence, Eng. epiphany. From No. iii, above.
DEFINITIONS

Webster’s Dictionary of the English Language, 1828
APPE'ARANCE, noun
1. The act of coming into sight; the act of becoming visible to the eye; as, his sudden appearance surprised me.

2. The thing seen; a phenomenon; as an appearance in the sky.

3. Semblance; apparent likeness.
There was upon the tabernacle as it were the appearance of fire. Numbers 9:15.

4. External show; semblance assumed, in opposition to reality or substance; as, we are often deceived by appearances; he has the appearance of virtue.
For man looketh on the outward appearance 1 Samuel 16:7

5. Personal presence; exhibition of the person; as, he made his first appearance at court or on the stage.

6. Exhibition of the character; introduction of a person to the public in a particular character, as a person makes his appearance in the world, as a historian, an artist, or an orator.

7. Probability; likelihood. This sense is rather an inference from the third or fourth; as probability is inferred from external semblance or show.

8. Presence; mien; figure; as presented by the person, dress or manners; as, the lady made a noble appearance

9. A being present in court; a defendant's filing common or special bail to a process.

10. An apparition.
Bouvier’s Law Dictionary, 1856
APPEARANCE, practice.

1. Signifies the filing common or special bail to the action.

2. The appearance, with all other subsequent pleadings supposed to take place in court, should (in accordance with the ancient practice) purport to be in term time. It is to be observed, however, that though the proceedings are expressed as if occurring in term time, yet, in fact, much of the business is now done, in periods of vacation.

3. The appearance of the parties is no longer (as formerly) by the actual presence in court, either by themselves or their attorneys; but, it must be remembered, an appearance of this kind is still supposed, and exists in contemplation of law. The appearance is effected on the part of the defendant (when he is not arrested) by making certain formal entries in the proper office of the court, expressing his appearance; or, in case of arrest, it may be considered as effected by giving bail to the action. On the part of the plaintiff no formality expressive of appearance is observed.

4. In general, the appearance of either party may be in person or by attorney, and, when by attorney, there is always supposed to be a warrant of attorney executed to the attorney by his client, authorizing such appearance.

5. But to this general rule there are various exceptions; persons devoid of understanding, as idiots, and persons having understanding, if they are by law deprived of a capacity to appoint an attorney, as married women, must appear in person. The appearance of such persons must purport, and is so entered on the record, to be in person, whether in fact an attorney be employed or not.

6. There must be an appearance in person in the following cases: 1st. An idiot can appear only in person, and as, a plaintiff he may sue in person or by his next friend 2d. A married woman, when sued without her husband, should defend in person 3 Wms. Saund. 209, b and when the cause of action accrued before her marriage, and she is afterwards sued alone, she must plead her coverture in person, and not by attorney. Co. Litt. 125. 3d. When the party pleads to the jurisdiction, he must plead in person. Summ.on Pl. 51; Merrif. Law of Att. 58. 4th. A plea of misnomer must always be in person, unless it be by special warrant of attorney. 1 Chit. PI. 398; Summ. on PI. 50; 3 Wms. Saund. 209 b.

7. An infant cannot appoint an attorney; he must therefore prosecute or appear by guardian, or prochein ami.

8. A lunatic, if of full age, may appear by. attorney; if, under age, by guardian. 2 Wms. Saund. 335; Id. 332 (a) n. (4.)

9. When an appearance is lawfully entered by the defendant, both parties are considered as being in court. lmp. Pr. 215. And if the defendant pleads to issue, defects of process are cured but not, if he demurs to the process, (I Lord Raym. 21,) or, according to the practice of some courts, appears de bene esse, or otherwise conditionally.

10. In criminal cases, the personal presence of the accused is often necessary. It has been held, that if the record of a conviction of a misdemeaner be removed by certiorari, the personal presence of the defendant is necessary, in order to move in arrest. of judgment: but, after a special verdict, it is not necessary that the defendant should be personally present at the argument of it. 2 Burr. 931 1 Bl. Rep. 209, S. C. So, the defendant must appear personally
in court, when an order of bastardy is quashed and the reason is, he must enter into a recognizance to abide the order of sessions below. 1 Bl. Rep. 198.

So, in a case, when two justices of the peace, having confessed an information for misbehaviour in the execution of their office, and a motion was made to dispense with their personal appearance, on their clerks undertaking in court to answer for their flues, the court declared the rule to be, that although such a motion was subject to the discretion of the court either to grant or refuse it, in cases where it is clear that the punishment would not be corporal, yet it ought to be denied in every case where it is either probable or possible that the punishment would be corporal; and therefore the motion was overruled in that case. And Wilmot and Ashton, Justices, thought, that even where the punishment would most probably be pecuniary only, yet in offences of a very gross and public nature, the persons convicted should appear in person, for the sake of example and prevention of the like offences being committed by other persons; as the notoriety of being called up to answer criminally for such offences, would very much conduce to deter others from venturing to commit the like. 3 Burr. 1786, 7.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
appearance (a-per'ans),

1. The act of coming into sight; the act of becoming visible to the eye: as, the appearance of the
sun above the horizon.

2. The state of being in sight; visibility.

3. A corning into presence ; the act of presenting one's self: as, his sudden appearance surprised me.

4. An object as seen or perceived; a phenomenon ; the immediate object of experience.

5. Something believed to have a supernatural character; an apparition : as, an appearance in the sky.

6. That which appears or is obvious; outward show or seeming; semblance as apart from reality or substance : as, there is an appearance of trouble yonder; appearances are against him.

7. Outward look or aspect ; mien ; build and carriage; figure : as, a man of noble appearance.

8. pl. Indications; look.

9. The act of coming before the public ; the act of coming into public notice: as, he made his appearance as a. historian; the appearance of a book.

10. Seeming; probability; likelihood.

11. In law : (a ) The coming into court of either of the parties to a suit ; the being present in court as a party to a pending proceeding ; the coming into court of a party summoned in a process, either in person or by his attorney, usually expressed by a formal entry by the proper officer to that effect ; the act or proceeding by which a party proceeded against places himself before the court and submits to its jurisdiction, (b) In Scots law, the stating of a defense in a cause.
Black’s Law Dictionary, 1st edition, 1899
APPEAR.

In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. “Making it appear and proving are the same thing." Freem. 53.
To be regularly in court; as a defendant in an action. See Appearance.
.
APPEARANCE.

In practice. A coming into court as party to a suit, whether as plaintiff or defendant.

The formal proceeding by which a defendant submits himself to the jurisdiction of the court.

According to Bouvier, appearance may be of the following kinds:

Compulsory. That which takes place in consequence of the service of process.

Conditional. One which is coupled with conditions as to its becoming general.

De Bene Esse. One which is to remain an appearance, except in a certain event. See De Bene Esse.

General. A simple and absolute submission to the jurisdiction of the court.

Gratis. One made before the party has been legally notified to appear.

Optional. One made where the party is not under any obligation to appear, but does so to save his rights. It occurs in chancery practice, especially in England.

Special. That which is made for certain purposes only. and does not extend to all the purposes of the suit.

Subsequent. An appearance by the defendant after one has already been entered for him by the plaintiff. See Daniell, Ch. Pr.

Voluntary. That which is made in answer to a subpoena or summons without process. 1 Barb. Ch. Pr. 77.
Black’s Law Dictionary, 2nd Edition, 1910
APPEAR.

In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. “Making it appear and proving are the same thing." Freem. 53.
To be regularly in court; as a defendant in an action. See Appearance.
APPEARANCE.

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the Jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton. 102 Mich. 83, 02 X. W. 988.

Classification. An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. National Furnace Co. v. Moline Malleable Iron Works (C. C.) 18 Fed. 804. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of process, though procesc may be outstanding. 1 Barb. Oh. Pr. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party ; conditional, when coupled with conditions as to its becoming or being taken as a general appearance ; gratia, when made by a patty to the action, but before the service of any process or legal notice to appear; de bene esse. when made provisionally or to remain good only upon a future contingency ; subsequent, when made by a defendant after an appearance has already been entered for him by the plaintiff ; corporal, when the person is physically present in court.

—Appearance by attorney. This term and "appearance by counsel*' are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed ; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson. 1 Watts (Pa.) 851.
—Appearance day. The day for appearing; that on which the parties are bound to come into court. Oruger v. MeOrneken (Tex. Civ. App.) 20 S. W. 282.
—Appearance docket. A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.
—Notice of appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.
Black’s Law Dictionary, 4th Edition, 1968
APPEARANCE.

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. Stephens v. Ringling, 102 S.C. 333, 86 S.E. 683, 685. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 A. 1044. The voluntary submission to a court's jurisdiction. Pacilio v. Scarpati, 300 N.Y.S. 473, 478, 165 Misc. 586; Braman v. Braman, 258 N.Y.S. 181, 186, 236 App.Div. 164.

"Appearance" is the act of appearing, coming, or being in sight, becoming visible or clear to apprehension of the mind, of being known as subject of observation or comprehension, or as a thing proved, of being obvious or manifest. Hallack & Howard Lumber Co. v. Bagly, 100 Colo. 402, 68 P.2d 442, 443.

Appearance anciently meant an actual coming into court, either in person or by attorney. Appearance may be made by the party in person or by his agent. Everett Ry., Light & Power Co. v. U. S., D.C.Wash., 236 F. 806, 808. But in criminal cases the personal appearance of the accused in court is often necessary.

An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. Louisville & N. R. Co. v. Industrial Board of Illinois, 282 Ill. 136, 118 N.E. 483, 485.

A special appearance is for the purpose of testing the sufficiency of service or the jurisdiction of the court; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction. State v. Huller, 23 N.M. 306, 168 P. 528, 534, 1 A.L.R. 170.

An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of process, though process may be outstanding. 1 Barb.Ch.Pr. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party; it occurs in chancery practice, especially in England; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear ; de bene esse, when made provisionally or to remain good only upon a future contingency ; or when designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it is finally determined that he has forever waived that right. Farmers Trust Co. v. Alexander, 334 Pa. 434, 6 A.2d 262, 265; subsequent, when made by a defendant after an appearance has already been entered for him by the plaintiff ; corporal, when the person is physically present in court.

An answer constitutes an "appearance." Wieser v. Richter, 247 Mich. 52, 225 N.W. 542, 543. A party who answers, consents to a continuance, goes to trial, takes an appeal, or does any other substantial act in a cause, although he has not been served with summons, is deemed to have entered his "appearance" unless he objects and preserves his protests to the jurisdiction of his person. Robinson v. Bossinger, 195 Ark. 445, 112 S.W.2d 637, 640.

Acts of an attorney in prosecuting an action on behalf of his client constitute an "appearance." Pacilio v. Scarpati, 300 N.Y.S. 473, 165 Misc. 586.

Appearance by Attorney
This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate without whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not supersede the appearance by counsel. Mercer v. Watson, 1 Watts (Pa.) 351. See In re Ford's Estate, 163 N.Y.S. 960, 98 Misc. 100.

Appearance Day
The day for appearing; that on which the partiesare bound to come into court. Cruger v. Mc- Cracken (Tex.Civ.App.) 26 S.W. 282. Compare City of Decatur v. Barteau, 260 Ill. 612, 103 N.E. 601, 602.

Appearance Docket
A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause. See McAdams v. Windham, 191 Ala. 287, 68 So. 51, 52.

Notice of Appearance
A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.
Black’s Law Dictionary, 5th Edition, 1979
Appearance.

A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a court's jurisdiction.

In civil actions the parties do not normally actually appear in person, but rather through their attorneys. Also, at many stages of criminal proceedings, particularly involving minor offenses, the defendant's attorney appears on his behalf. See e.g. Fed.R.Crim.P. 43 .

An appearance may be either general or special ; the former is a simple and 'unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. A special appearance is for the purpose of testing the sufficiency of service or the jurisdiction of the court; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction. Insurance Co. of North America v. Kunin, 1 75 Neb. 260, 1 2 1 N.W.2d 372, 375, 376. See also General appearance; Notice to appear.

Appearance by attorney. An act of an attorney in prosecuting an action on behalf of his client. Document filed in court in which attorney sets forth fact that he is representing a party to the action.

Appearance docket. A docket kept by the clerk of the court in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.

Common law classifications. At common law an appearance could be either compulsory or voluntary, the former where it was compelled by process served on the party, the latter where it was entered by his own will or consent, without the service of process, though process may be outstanding. Also, optional when entered by a person who intervened in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; or when designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it was finally determined that he had forever waived that right; subsequent, when made by a defendant after an appearance had already been entered for him by the plaintiff; corporal, when the person was physically present in court.

Initial appearance. A court proceeding for a defendant charged with a felony, during which the judge advises the defendant of the charges against him and of his rights, decides upon bail and/ or other conditions of release, and sets the date for a preliminary hearing. See e.g. Fed.R.Crim.P. 5.

Notice of appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney
.


Wex Legal Dictionary
Appear

To enter an appearance in a case.
Appearance

The act of taking part in a lawsuit. Appearance refers not only to physical presence in court when required, but also to procedural compliance (e.g., filing an answer, participating in discovery). The term can refer to parties in the case, and interested persons - as well as any lawyers representing the parties or interested persons.
General Appearance

The first time an attorney appears in court on behalf of a client; after making a general appearance, the attorney is then responsible for all future appearances in court unless officially relieved by court order or substitution of another attorney.
Special Appearance

1) The personal attendance in court of a party or attorney for the sole purpose of arguing that the court does not have personal jurisdiction over that party. If the party or attorney instead makes a "general" appearance in court, that party is presumed to have waived the right to contest the court's jurisdiction.
2) A one-time court appearance by an attorney for a party who either is represented by another attorney or is not represented at the time. Quite often an attorney will make a "special appearance" to protect the interests of a potential client, but before a fee has been paid or arranged.
Initial appearance

When a defendant appears before a judge within a certain number of hours of an arrest in order for the the judge to determine if there is probable cause for the arrest.
QUOTES

Shipman's Common Law Pleading, Benjamin J. Shipman, 1923
...a court cannot acquire jurisdiction to pronounce a personal judgment against one who has no residence within the, except by actual notice upon him within the state, or by his voluntary appearance.
Jean-Jacques Rousseau said:
There is no subjugation so perfect as that which keeps the appearance of freedom for in that way one captures volition itself.
John Adams said:
A native American who cannot read or write is as rare an appearance...as a comet or an earthquake.
George Orwell said:
Political language is designed to make lies sound truthful and murder respectable, and to give the appearance of solidarity to pure wind.
Daniel Webster said:
The world is governed more by appearance than realities so that it is fully as necessary to seem to know something as to know it.
Aristotle said:
A tyrant must put on the appearance of uncommon devotion to religion. Subjects are less apprehensive of illegal treatment from a ruler whom they consider god-fearing and pious.
Henry David Thoreau said:
Let us settle ourselves, and work and wedge our feet downward through the mud and slush of opinion, and prejudice and tradition, and delusion, and appearance, that allusion which covers the globe... till we come to the hard bottom of rocks in place, which we can call reality.
Thomas Paine said:
Perhaps the sentiments contained in the following pages, are not yet sufficiently fashionable to procure them general favor; a long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defence of custom. But the tumult soon subsides.
Maxims

De non apparentibus et non existntibus eadem est ratio.
The reason is the same respecting things which do not appear, and those which do not exist.

Idem est non probari et non esse; non deficit jus, sed probatio.
What does not appear and what is not is the same; it is not the defect of the law, but the want of proof.

Idem non esse et non apparet.
It is the same thing not to exist and not to appear.

Non videtur consensum retinuisse si quis ex praescripto minantis aliquid immutavit.
He does not appear to have retained his consent, if he have changed anything through the means of a party threatening.

Possession is a good title, where no better title appears.

Quae incontinenti vel certo fiunt inesse videntur.
Whatever is done directly and certainly, appears already in existence.

Quae praeter consuetudinem et morem majorum fiunt, neque placent, necque recta videntur.
What is done contrary to the custom of our ancestors, neither pleases nor appears right.

Quaecumque intra rationem legis inveniuntur, intra legem ipsam esse judicantur.
Whatever appears within the reason of the law, ought to be considered within the law itself.

Qui tacet consentire videtur.
He who is silent appears to consent.

Quod constat curiae opere testium non indiget.
What appears to the court needs not the help of witnesses.

Quod non apparet non est, et non apparet judicialiter ante judicium.
What appears not does not exist, and nothing appears judicially before judgment.

Quod taciti intelligitur deessee non videtur.
What is tacitly understood does not appear to be wanting.

Verga relata hac maximi operantur per referentiam ut in eis in esse videntur.
Words referred to other words operate chiefly by the reference which appears to be implied towards them.
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