1784.


HAGNER verʃus MUSGROVE.

T

He plaintiff having had a verdict in the abfcence of the defendant, and having agreed to withdraw it, and fubmit to a reference, three perfons, nominated by the ourt, accordingly met. Upon entering into the cafe, the parties, who were prefent, began a warm altercation, which proving troublefome to the referrees, they ordered the difuptants to withdraw, and called the witneffes one after another, examining them feparately out of the hearing of both plaintiff defendant, and finally reported in favour of the former.

Thefe facts being eftablifhed, the report was fet afide, on mortion of the defendant's counfel.

Levy for the plaintiff.–Lewis for the defendant.

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