
    [*o] OGDEN against DILDINE.
    OH CERTIORARI.
    Beference must be of a suit pending. Judgment in figures, error.
    
    In this case, a rule of reference was agreed on out of court, and the referee sat and made report, on which the agreement and report was brought to the justice, and on which he entered judgment, and that in figures.
    
      
       S. P. ante, 103, 377.
      
    
    
      
       S. P. ante, 60, 82, 85, 92, 163; post, 528.
      
    
   By the Court.

It hath been repeatedly decided that there must be a subsisting action depending in the justice’s court before it can be referred; this judgment is also entered in figures.; it must, for these causes, be reversed.

I. JET. Williamson, att’y for plaintiff.

Cited in Berrian v. State, 2 Zab. 9-36.  