
    REEVES against GOFF.
    ON CERTIORARI.
    Report of two referees on reference to three, error. The referees must appear by papers, to have been sworn.
    From the record of the justice, it appeared that the parties agreed to submit the matters in dispute between them, to three men, without the usual clause, that the report of any two of them should be binding, &c. Two of these referees only, signed the report; nor did it appear [f] that the third was present at the hearing; upon this report, judgment was entered.
   Kirkpatrick, C. J.

— I think that this is not regular. Besides it does not appear that the referees were sworn; therefore, the judgment ought to be reversed.

Rossell and Pennington, Justices, concurred.

Judgment reversed.

Distinguished, Thompson v. Harvey, 8 Penn 895.

Cited in Inslee v. Flagg, 8 Dutch. 368.  