The only jurisdiction conferred on this Court in oases at common law is appellate, after a judgment in the Superior Court. Where there has been no such judgment, the cause will not be entertained in this Court.
Case transmitted from Anson Superior Court of Law, at the Spring Term, 1839.
This is an action of debt on an award made on the submission of the intestate Jennings, to which the defendant *46pleaded the general issue. He afterwards pleaded a special plea, since the last continuance, to which the plaintiff demurred. Without any trial of the issue or any judgment on the demurrer, the parties agreed to send the case to this Court for decision on the demurrer, and on certain agreed facts.
No counsel for the plaintiff.
Winston, for the defendant.
Ruffin, C. J.
The only jurisdiction conferred on this Court, in cases at eommon law, is appellate, after a judgment in the Superior Court. The present cause, therefore, cannot be entertained ; but the parties must proceed in the case remaining in the Superior Court. Each party will pay his own costs in this Court.
Per Curiam. Judgment accordingly.