Delaware & Hudson Canal Compant v. Dubois

The following opinions were delivered :

By the Chancellor.

This ease comes before us upon a writ of error to the supremecourt, to review its decision upon a report of referees, incorporated in the record in the form of a ease or special report. It appears from this record of the judgment of the supreme court, that the parties went down to trial at the circuit, where a stipulation was entered into by them to submit certain preliminary questions as to the right of the plaintiff to recover on the common

counts, &c. to the decision of the supreme court; and they agreed that the cause should be…