
    Mayo v. Clarke.
    [October Term, 1800.]
    Courtof Appeals — Jurisdiction.—The Court of Appeals has no original jurisdiction, and cannot decide' the merits of any case until they are decided on by the District Court.
    This was a supersedeas to an order of the District Court denying a supersedeas to an order of the County Court concerning a road.
    
      
      Supersedeas. — In Pugh v. Jones, 6 Leigh 310, it is said: “I think the order of the circuit court refusing the supersedeas, should be reversed, and a judgment awarding the supersedeas entered here, according to the form in Mayo v. Clarice, October 1800, reported 2 Call 389.'' See also, citing principal case, Wingfield v. Crenshaw, 3 H. & M. 257. See mono-graphic notes on “Appeals”; also, “Jurisdiction” appended to Phippen v. Durham, 8 Gratt. 457.
    
   PENDIvRTON, President.

Delivered the resolution of the' Court to the following effect.

The Court is satisfied that they cannot go into the merits of the case until the District Court has decided on them. But they are equally clear that there are sufficient grounds upon the record, for the District Court to award a writ of supersedeas to the order of the County Court. The order of the District Court therefore is to be reversed, and a writ of supersedeas awarded from that Court; who are to proceed thereupon as in the usual cases of writs of su-persedeas to orders of this kind.  