
    Fuller against Trevor and another.
    (¡^sub-nit1" case to whoai-°to make a report i-¡ writing t<> the Court obty,«subject [J]® court*1 ”¡,0"tg‘!“d ol) jections reexcepIm'.'iT'* filed to the decisions of the arbitra* thll suTh points, is of error. The case stands on the same foot-a case
    In ERROR.
    WHILE this action was depending in the Court Common Pleas of Fayette county, it was submitted to trators, under the following special agreement:
    . “ It is agreed, that this cause be referred, to fames D. Cope, Andrew 0liphant, and Thomas Irwin, esqs.; either ty to reduce to writing all legal points and objections made by him; and the referees to reduce to writing their decisions thereon, and to report the samé, with their award upon the matters in dispute. The award of a majority to be avadable ; subject to the opinion of the Court upon the points and objections reported, upon exceptions tiled to the. decisions °f the referees,” &c.
    Several points were made before the arbitrators, on which they decided, and made their report to the Court, panied by an award in favour of the plaintiffs. The Court, after argument, entered judgment on the award; whereupon, the defendant removed the cause by writ of error.
    The decisions of the Court below on the points reported by the arbitrators, were now assigned as error, and argued by Irwin, Lyon, and Campbell, for the plaintiff in error, and by Kennedy, for the defendants in error; but these points are rendered immaterial by the opinion of this Court, which was deliverd by
   Tilghman C. J. —

If the parties think proper to submit their case to the opinion of the Court of‘Common Pleas, they must be bound by its decision, unless it be agreed that It shall be subject to a writ of error. 1 his has been settled with respect to cases stated and- submitted to the Court of Common Pleas; of which this Court will not také cognisánce, unless it be the agreement of the parties, that the case shall be considered as of the nature of a special verdict, and subject to a writ of error. We consider the case before us t0 stan¿ on the same footing as a case stated, and therefore can take no notice of any 'errors assigned in the decision of these points, which were reported by the arbitrators to the Court of Common Pleas. And inasmuch as no error appears in any other part of the record, we are of opinion that the judgment should be affirmed.

Judgment affirmed.  