Allen v. Myers

5 Rawle 335, 1835 Pa. LEXIS 48

Opinion

Per Curiam.

The parties here withdrew the case from the action of the court below, and voluntarily submitted it to an auditor chosen by themselves, who was “ to report the amount due upon the claim filed,” which was the subject-matter in dispute. By-the submission, he was not even to report the facts, and even if he had, unless the parties had agreed by the submission, that such report should be a subject of error, or that the same should be taken as a special verdict or case stated, this writ of error would not be sustainable. Wilson v. Commonwealth, 3 Penn. Rep. 532.

Judgment affirmed-