Page:United States Reports, Volume 2.djvu/163

 Suramna Couar or Pmyjlrmnb. ry I 792- g Ausrm vnjiu Sxow’s Leffee. ' I N Enos. -An action of ejeftment being referred, the re- I ferrees found for the plainull} with coils, but without da- "` rn . _ ag: arguing the cafe, Lewi: contended, thatthis was bad, ·, y damages being elfential to the award of coils. It is fo, even in _ ejeflment, at this day. 3 BL Cam.  Law. Cyl:. 4. 2 ‘ · Sm:. rogr. He alfo urged, that the judgment was entire, and _ could not he reverfed as no the colls, and confirmed as to the relidue. » _ Iugerfoll faid, that colls might he given where damages were ruwerublr ; and although they are not given, Law gfljeli. 365. ‘ and that judgment mig t be allirmed for part, and reverfed for part. 2 L. Ray, 893. 4. 15. 1534. 1 r Co. 56. Belides, this was a reference where niceties were difpenfed with. It is alligning that for error, which is for the plaintiH"s advantage. Br rm: Comrr :-We are here upon a point of practice. The ufage of referring eje&ments, as well as accounts, is very ancient; and it has been the conllant ufage to conlinn awards, although no damages, or coils, are found. It would lhake many judgments, were niceties to prevail. _ Judgment allirmed. . Srnwsxr et al. vu-_/in Rossi `»·_  » COMMISSION was iifued, on the part of the defen- dant, and various interrogatories Bled, deligned to be put to dyérmt witnelles. The return of the commillion was - ligned hy all the commillioners ; and it appeared that the plain- tiff was prefent at the taking of the depolitions 5 but, to eer- tain of the interrogatories no anfwers were returned by fome of the witneffes, and thofe which were anfwered by one witnefs, ‘ were not anfwered by others. The plaintiffobjeéled to the read- - ing the commillion: But, Br run Couwr :—Had the execution of this commillion been ex parte, it would not only have been informal, but fubllan- ~ tiazy exceptionable. As it is returned, however, by the libm- mi ioners, on the part of the ·plaintiH·, as well as by thofe on the part of the defendant, it is to be prefumed, that the wit- néjQi·.s_knew nothing about the fubjeét matter of the interroga- tgigsgto which no anfwer is returned. At any rate, it is a wai-

�