Newbold v. Polk , 1 Del. 335 ( 1834 )

The record showed that the parties appeared and after opening the matter "the justice deemed it necessary to have the case tried by referees" and referred it, without application from either of the parties.

Court. The justice was hound to try the cause himself, unless one of the parties claimed a trial by freeholders. Dig. 335.

Judgment reversed.