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. The auditors had several meetings on 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 the term there was a rule to show cause obtained why the discontinuance should not be struck off the docket.