There was no error in the refusal of the judge to sign the judgment tendered by the intervener. The contention of the in-tervener that he was entitled to judgment on the bond executed by the Sterling Lumber Company as principal, and Columbia Casualty Company, as surety, to R. 0. Moore, cannot be sustained. There is no finding of fact or conclusion of law in the report of the referee to support this contention. The intervener did not except to the report of the referee, and for this reason is entitled to judgment only in accordance with the report.

There is no error in the judgment signed by the judge. It is in accordance with the report of the referee and is, therefore,

Affirmed.