White J. Whatever may be the meaning of the act of assembly (court law) upon this subject, he could not say. We certainly have no discretion, the act either does or does not authorise appeals upon matter of law. The practice I know, has been as in this case ; and I am inclined to think it is correct. Overton J.
The practice has been for the county court to allow an appeal or writ of error, upon the application of either party, and when here, the attention of this court, may be called to points of law, (without the intervention of a jury) ; or in other words, a party litigant in the county courts, may appeal from the determination of a mere matter of law, as well as if law and fact were mixed ; and this practice is clearly inferrible from the 63rd
section of the court law passed, September 29th 1794.