We have nothing on this record from which we can say that there was any error in the judgment of the Court below. It is, perhaps, the misfortune of the plaintiff in error that the report of the referee was accidentally destroyed by fire. There was clearly no power in the Court to set aside the submission. The referee had acted and made his report, and, unless it is made to appear that there was error in it, we cannot reverse the judgment.

Judgment affirmed.