¶1 The defendants have excepte") to the report of the commissioner made in this cause, because he hath not *624 reported therewith the testimony, upon which it is made.— This exception must be allowed. The party, against whom any matter referred to a commissioner, hath been found, is entitled to appeal from his judgment to the court; and it is essential, therefore, that the testimony, heard by the commissioner upon that enquiry, should be all put in writing and accompany the report.
¶2 Per Curiam. .Report set aside.