This appeal must have been taken only for’ delay. The defendant did not think proper even to answer 'the complaint. The record shows, however that the case-was referred to-to ascertain the amount due, and the award was to be entered as a rule of Court.

The referee reported at Fall Term, 1872, stating the amount-due to be seven hundred and thirteen dollars and fifty-seven cents.

No exception was taken to the report, but at the defendant’s request, indulgence was granted him by the Court, and the case left open until the last day of the term for exceptions, when again upon his motion it was continued to the-next term.

Again at Spring Term, 1873, when the case was regularly-called it was put at the foot of the docket, at the request of' the defendant, and -when it was reached a second time, the defendant moved for a continuance, still without having filed any exceptions to the report.

This motion was refused, and judgment entered for the-plaintiff in accordance with the award. The defendant them filed an affidavit, alleging that he had been misled as to the scope and extent of the reference, that he was unwell and unable to attend when the.referee took testimony; that there? was a balance due the plaintiff out of the office, but that it. was due her out of a fund and secureties which affiant held as clerk and master under the direction and order of the Court of Equity, &c.

Upon his Honor's refusal to set aside the judgment, the defendant appealed to this Court. We see no reason why the-Court should not have entered judgment immediately upon the coming in of the report of the referee in pursuance of *542 the recital of record that the award was to be a rule of Court.

The defendant took no proper steps to impeach the award, ■or to test it in any manner.

Much more indulgence has been shown him than he had any right to expect, and it looks like trifling with the Courts to attempt in this way to set aside a judgment, after having every opportunity to bring forward any defence to ■which he was entitled.

Let it be certified that there is no error.

Pee, Curiam. Judgment affirmed.