
    Preston against Englert.
    
      Philadelphia, Saturday, January 9.
    An award of referees upon which no judgment is rendered, is a cause remaining untried, within the act of the 11th of March 1809, abolishing the Circuit. Courts, and is duly transferred to the. Common Pleas of the proper county, there to be determined.
    IN ERROR.
    ERROR to Wayne county. This action was brought against Preston, in the Common Pleas of Wayne to February 1806. It was removed by habeas corpus to the Circuit Court, and there referred. On the 3d of February 1808, an award was made in favour of Englert for 126 dollars 85 cents and costs, and filed in the office. On the 7th of October 1809, the causé was returned to the Common Pleas, who on motion of the plaintiff’s counsel, gave judgment on the award, in December following.
    
      Ewing for the plaintiff in error,
    objected to the record, the cause ought not to have been sent down from the Circuit Court, because it did not remain untried on the 4th of October 1809, within the seventh section of the act of the 11th of March 1809. Purd. Abr. 267. It was determined by the omission of Preston to file exceptions; and it clearly had been tried.
    
    
      C. J. Ingersoll contra,
    said that the cause had not been tried and determined in the Circuit Court; and that Court having been abolished on the 4th of October, it was essential to send it down for determination, or the plaintiff could never have obtained judgment. The reason why there was no judgment in the Circuit Court, was that no such court was held there after the report.
   Per Curiam.

A cause was not completely tried within the spirit of that act, until judgment was pronounced. The intention of the law, was to take all unfinished causes down to the Common Pleas; and this was one.

Judgment affirmed.  