Majority
p. 262Shippen’s Lessee v. Bush.
Syllabus
Reference. — Agreement of attorney.Bankson moved for the appointment of referees in this casue, in the absence of the opposite counsel; though, as he said, by agreement. But—
It is an invariable rule not to appoint referees, but in the presence of both parties. So many disputes have arisen about whax was the meaning of the attorneys, that we have determined not to .pay any regard to agreements, which are not reduced to writing.