
    S. Mayrant and F. J. Moses vs. J. L. Miller et al.
    The Circuit Court of Equity ordered an issue at law, and “that either party be at liberty to prosecute an appeal to the Law Court of Appeals:” — Held, that the appeal in such cases should be to the court ordering the issue: the Law Court of Appeals refused to hear it.
    BEFORE O’NEALL, J., AT SUMTER, SPRING TERM, 1855.
    Under a bill in Equity between the parties for partition, the Circuit Court of Equity made an order, that an issue at law, in the nature of an action to try the title, be made up, &c; “ that either party be at liberty to prosecute, an appeal to the law Court of Appeals, and that the final result be certified to this Court.”
    The jury found for the defendants; and the plaintiffs appealed, and now moved this Court for a new trial.
    
      De Saussure, Richardson, for appellants.
    
      Miller, Law, contra.
   Per Curiam.

In this case the Court of Law Appeals have conferred with their brethren of the Equity Court of Appeals, and have come to the conclusion that the practice, settled in 1812, by the Court of Appeals in Equity, in Taylor vs. Mayrant, 4 Eq. Eep. 514, should be untouched. According to that case, the appeal should be to the Court ordering the issue.

This Court declines, therefore, to hear the appeal. The case is stricken from the docket.

O’Neall, Wardlaw, Withers, Whitner, Glover and Munro, JJ., concurring.  