Couch v. Davis

At the last Term there was a report of referees [in favor of the plaintiff]. This report was recommitted [at the request of the defendant]. On the recommitment, one of the referees refused to hear the parties again. The other two notified the parties. Defendant did not attend. Those two reported, at this Term, a confirmation of former report and additional costs.

Judgment was rendered at this Term on the first report, and costs of last hearing were taxed. It is understood by the Court that the referee did not sit by desire of defendant, who wished to destroy the rule altogether. Similar…