Heslep

delivered the'opinion of the Court.

This was an action in the Court below to recover [2] damages * for a breach of contract concerning the delivery of a quantity of piles.

The defendants filed their answer denying generally all the allegations of the complaint, and the cause being thus at issue, the parties entered into a written stipulation, by which the whole matter was'referred to three persons, whose award was to be made the judgment of the Court, subject to all legal exceptions. The cause was not referred by order of Court, and the record contains no reference to the submission until after the award was made and produced in Court, together with the submission and judgment thereon.

Afterwards the defendants filed their motion to set aside the award for reasons specified, and also for a new trial oh the ground of newly discovered evidence. While this motion was pending, the parties entered into a written stipulation to refer the exception to the report, and motion for a new trial, to the Hon. Tod Robinson, then Judge of said Court, whose decision thereon, made at any time, should be entered up as judgment of the Court, as of the date of such submission.

After the…