
    David S. Eaton versus Samuel Arnold.
    
      Practice. — An agreement to refer all demands made m pais, pending an action between the same parties, will not authorize a judgment in the action on the report of the referees; but such report may be used on a trial of the action, to ascertain the damages to which the plaintiff is entitled.
    In this action, the parties had made an agreement, out of Court, to refer all demands to certain arbitrators, who now made an award in favor of the plaintiff; and he moved for judgment thereon.
    
      Selfridge and Welsh for the plaintiff.
    
      Whiting for the defendant.
   By the Court.

We cannot take notice of this agreement, un less the defendant will agree to make the submission a rule of Court. If he refuses this, he must plead to the action, and the report of the referees may go to ascertain the damages to which the plaintiff is entitled.  