Wilson’s Red Book, 12[*]
Circuit Court of Delaware, Dover County.
October 27, 1793.
Before PATTERSON, one of the judges of the Supreme Court,. and BEDFORD, District Judge.
The parties to this suit had, under a rule of court, referred the matters in dispute between them to five auditors who were to report to next term.
At the following term no report was made, but the rule of reference was continued by consent.
Page 18
The auditors had several meetings upon the business and had nearly agreed upon an award, when, in the vacation, plaintiff entered a discontinuance of the action on the clerk’s docket and gave notice of it to the auditors.
At this term there was a rule to show cause why the discontinuance should not be struck off the docket.
Levy for plaintiff.
Bayard for defendant.
BY THE COURT. If an award be not made within the time limited by a rule of reference, the rule is determined if not continued by the consent of the parties. We are clearly of opinion that during the continuance of the rule plaintiff cannot discontinue; if he does it, it is irregular and will be struck off.
Rule absolute.