#### THOMAS MITCHELL AND OTHERS vs. WILLIAM WALKER AND OTHERS.

A commissioner, to whom a matter has boen referred by the court, should state in his report all the evidence, upon which the report is founded — otherwise the report will be set aside.

This case had been referred by order of the Court to a commissioner to make certain enquiries — and the report was now made. The defendant excepted, because the commissioner had not set foith the evidence adduced before him.

No counsel for the plaintiffs.

Alexander for the defendants.

Gaston, J.

The defendants have excepte") to the report of the commissioner made in this cause, because he hath not *624reported 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.

Per Curiam. .Report set aside.