4 Whart. 347 | Pa. | 1839
If the question stood on the act of 1705, for which the sixth section of the act of 1836 is a substitute, it would certainly be involved in obscurity by the imperfect evidence we have of the earlier practice and decisions. The judgment in Kunckle v. Kunckle, if the reference were indeed under the original act, went decisively beyond the letter which gave to an award pursuant to it, the effect of a verdict and no more ; no part of which is enforceable by attachment. It is probable, however, that the reference was at common law, for no allusion is made, in the report of the case, to the statute; and the judge who ruled the point had in Buckley v.
Judgment reversed; and the record remitted with a mandate to proceed.