
    WARD by Guardian, vs. STEWART & RODGERS.
    
      Knoxville,
    
    
      March 1806.
    Appeal upon a mere matter of law may be taken from an inferior to a superior court.
    
      Appeal. This case as brought up, was stated to be so defective, that the court could not give judgement. There did not appear to be any issue between the parties. The judgment below, was upon an award. The party cannot avail himself of any thing upon appeal in this case. This mode of proceeding was intended for trial of facts, and writs of error for matters of law. The latter was the only remedy in this case.
   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.  