Except so far as the right of trial by jury may require it, it is
a matter of legislative discretion whether to give any remedy in
a higher court for the errors of a lower one.

In some States an appeal is given from a judgment of an inferior
court even though rendered on the verdict of a jury, to a higher
one where another trial may be had before a judge of presumably
greater ability. In many States errors in law of petty courts
may be reviewed in higher trial courts. In a few of the larger
ones, as in the United States,[Footnote: See Chap. IX.] errors
in law of the higher trial courts, in a considerable class of
cases, are finally disposed of in an intermediate appellate
court, constituted to relieve the court of last resort from an
overweight of business.

* * * * *

Ordinarily it is the statutory right of a defeated litigant to
take an appeal, provided he can state any colorable ground of
exception. In some jurisdictions he is required to obtain the
approval of the trial court or else of some member of the
appellate court. There are many judges who think that such a
practice should be universally adopted. It would certainly tend
to relieve the dockets of appellate tribunals, and to bring
lawsuits to a speedier end. If one were sure that the judge to
whom application was made for an approval of the appeal would
always act intelligently and impartially, such a precaution
against useless litigation would be admirable. But the trial
judge is not in a position that naturally leads to an