OXLEY et al. versus OLDDEN.
T
HIS cause had been referred, and the Referees, having examined the evidence in prefence of both parties, agreed upon their report ; but about an hour before it was delivered into Court (though it was signed the preceding day) J. B. McKean, on behalf of the Defendant, had obtained a rule to shew caufe, why the rule of reference should not be struck off.There was no charge of irregularity of partiality againft the Referees ; and, after argument by Lewis for the Plaintiffs, and Ingerʃol and J.B. McKean for the Defendant, the rule to shew caufe was discharged.
And McKEAN, Chieƒ Juʃtice, observed, that the motion was much too late to annul the reference, when the Referees had investigated the whole transaction, had agreed upon their report, and were clear from any imputation of misconduct,or any precipitancy in refusing to hear the testimony offered by either party.