
    Shippen’s Lessee versus Bush.
    
      BANKSON moved for the appointment of referees in this cause, in the absence of the opposite counsel; though, as he said, by agreement.
   But,

By the Court:

t is an invariable rule not to appoint referees, but in the presence of both parties. So many disputes have arisen about what was the meaning of the attornies, that we have determined not to pay any regard to agreements, which are not reduced to writing.  