
    Small vs. Sparks & Son et al.
    
    The right of appeal presupposes an issue to be tried by a jury. If in a case in a county court the amount in controversy was more than fifty dollars, and the case involved a question of fact, appeal was the proper remedy ; if no question of fact was involved, but the case rested solely on questions of law, certiorari was, the proper remedy. 46 Ga., 41; 53 lb., 569.
    
      (a.) Where the judge of the county court of B.bb county dismissed a case before him on demurrer, there was no question of fact involved, and certiorari was the proper remedy. An appeal to the superior court from such a ruling was properly dismissed.
    October 24, 1882.
   Crawford, Justice.  