The defendants have excepte") to the report of the commissioner made in this cause, because he hath not *624 reported therewith the testimony, upon which it is made.— This exception must be allowed. The party, against whom any matter referred to a commissioner, hath been found, is entitled to appeal from his judgment to the court; and it is essential, therefore, that the testimony, heard by the commissioner upon that enquiry, should be all put in writing and accompany the report.

Per Curiam. .Report set aside.