Page:United States Reports, Volume 1.djvu/172

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COMMON PLEAS, Philadelphia


County.


March Term, 1786.




HOLLINGSWORTH verʃus LEIPER.


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RULE had been obtained to fhew caufe, why the report of Referrees fhould not be fet afide, on the ground of their having hears a witnefs interefted in the event of the fuit ; and, after argument, THE PRESIDENT pronounced the decifion of the Court.


SHIPPEN, Preʃident.–The determination of earnfes by referrees under a rule of Court, has become fo inequoent ufeful a practice, and is attended with fo many advantages towards the fummary adminiftration of juftice, that it would be extremely mifchievous to fhake their reports by captions objections, where the fubftantial rules of juftice are not violated. The merits of the caufe are folely fubmitted to them, as judges of the parties own chufing, and are not afterwards enquired into by the Court, unlefs there fhould appear a plain miftake of the law or fact.

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