
    William Gray, Plaintiff in Error, versus Woodbury Storer.
    Error does not lie on a judgment rendered on an agreed statement of facts, submitted by the parties for the opinion and decision of the Court
    This was a writ of error, brought to reverse a judgment of this court, rendered February term,’ 1802, between these parties, a report of which was given in the supplement to the second volume of these reports, (p. 565.)
    
      Whitman and Storer for the defendant in error, 
    
    
      
      
         [Vide ante, p. 143, Bacon vs. Ward, in note to that case. — Ed.]
    
   Upon inspecting the record, and finding the judgment to have been rendered on a statement of facts agreed by the [*164] * parties, the Court ordered the plaintiff m error to become nonsuit, and he was called accordingly. Davis (Solicitor-General) for the plaintiff in error.

ADDITIONAL NOTE.

[Error does not lie, where the facts proved before the jury are, by consent of par ties, reported by the judge for the opinion of the Court. — Johnson vs. Shed, 21 Pick. 225.

Nor, where a cause is by agreement referred to an auditor, voluntarily chosen by the parties, to report the amount due the plaintiff's, does error lie upon a judgment founded on such report. — Allen vs. Myers, 5 Rawle, 335

But see Smith vs. Moore, 6 Greenl. 274.

See Ward vs. Crenshaw, 4 Yerg. 197__F. H.] 
      
       7 Mass. Rep. 380, Alfred vs Saco.
      
     