2 Miles 39
Pennsylvania Court of Common Pleas, Philadelphia County
Decided November 26, 1836
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1836-11-26
THIS action had been referred, under the act of 1705, to three referees, and the case was still before them, when Jack, for the defendants, moved the court to set aside the reference and restore the case to the trial list, upon the grounds disclosed in the affidavit of Repplier, one of the defendants, which he submitted to the court: stating in substance, that while the case was before the referees, the plaintiff offered one of them as a witness to prove certain matters in…
Decided 1836-11-26
¶1Whatever may be the merits of this application, any action upon the subject by the court at this time would be *40premature. When the report of the referees is made, and exceptions are filed, will be the proper time for an examination of the subject matter of complaint now alleged. We therefore refuse the motion.
¶2Motion refused.