Van Slyke v. Hyatt

We do not think that the motion made in this case was the proper one. It is not the proper practice to set aside the report of a referee at chambers upon such a ground as this. The plaintiff should have moved to have the referee make a further report. There is no irregularity in this report, and the order denying a motion to set it aside for an irregularity, was proper.

If farther or more specific findings are necessary in such a case, the motion should be to send the case back to the referee for a further finding.

The order appealed from was right; and must be affirmed with costs.