Case v. Myers

As the County Court obviously erred in this case, in ordering the opening of a road through the lands of the plaintiffs in error, without any notice to, or appearance by them, or any of them — the only question we shall consider, is, whether the writ of error, as now brought, upon a matter of law, will lie to this Court, without any appeal first to the Circuit Court.

The general jurisdiction of this Court certainly embraced this case prior to the enactment of the statute of 1796, which authorized the assignment of “errors upon matters of fact, as well as upon matters of law;” and therefore,…