
    Sampson Mason v. Thomas Embree.
    Court will not bear cause without process and pleadings.
    This cause was adjourned from the county of Clark. The case is stated in the opinion of the court.
    No counsel on either side.
   By the Court:

This cause came before the court upon an agreed statement of ■facts. There are no previous pleadings, no bill, no process. In fact, the case is submitted to the court as arbitrators, to settle the rights of the parties.

*The first question is, whether the court will take jurisdiction in this way. The parties may waive process, and appear in •court. But when once in court,- an issue must be made up. Wo ■are not willing to try a case unless there be such issue. We reverse judgments of the court of common pleas, where pleadings are waived; and consistency seems to require that we should not ■adopt a practice which we will not recognize in that court.  