Kunckle v. Kunckle
| Decision Date | 01 December 1788 |
| Citation | 1 Dall. 364,1 U.S. 364,1 L.Ed. 178 |
| Parties | Kunckle v. Kunckle No. ____ |
| Court | U.S. Supreme Court |
Exceptions were filed to the report of Referees in this cause; which were argued on the 20th of November, by Wilson and Todd, for the Defendant; and Sergeant for the Plaintiff.
The President now stated the material circumstances; and delivered the opinion of the Court as follows:
Shippen, President.
This is a motion to set aside the report of Referees, on two grounds: 1st, For the misbehaviour of the two Referees, who signed the report, in deciding the dispute without notice to the third Referee, who did not sign it. The evidence by no means supports this objection, as it appears that the two Referees had agreed upon the substance of their report in the presence of the third Referee, who declared his disagreement, and said the others could make the report without him.
The 2nd objection is to the report itself, as awarding money to be paid by the Defendant on one side, and the making conveyances of land and a lot of ground, and taking up a bond and mortgage in the Loan Office, by the Plaintiff, on the other side. The ground of this objection is, that the Court cannot do compleat justice on both sides, as an execution may issue for the money against the Defendant, and the Plaintiff cannot be compelled by the Court to perform his part; at least, that the remedies are not the same on both sides, namely by execution.
The determination of causes by Referees under a rule of Court, has been found a practice of such general convenience and utility, for the speedy and equitable decision of controversies depending in the Courts of law, that the Judges have always encouraged and supported it; more especially as in this mode of trial, the Referees are not tied down by the strict rules of law, but may decide as the equity of the case may appear, and in some sort supply our want of a Court of Chancery. As the Referees are Judges of the parties own choosing, we never enter into the merits of the causes they decide, nor, in general, set aside their reports but for misbehaviour, or where the objections arise on the face of the proceedings.
Where a report of Referees awards money to be paid on one side, and certain other things to be done on the other, if the Court cannot inforce both, they will certainly inforce neither. In the present case, the question will be, whether they can oblige the Plaintiff to perform his part of the award? T...
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