Under 1794, 1, 63, a party might appeal, from the Comity to the Superior Court, upon a determination of a mere matter of law, as well as if law and fact were mixed.
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 authorize 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 sixty-third section of the Court Law passed September 29, 1794.