
    Catlin v. Catlin, appellant.
    
      Reference—time within which to except to report—Waiver—of irregularity in taking testimony.
    
    Where the defects in a referee’s report were apparent on its face, held, that the neglect of a party to except thereto for eight days after notice of filing extinguished his right to do so under supreme court rule 39.
    Where evidence was • taken before the arrival oí the attorney for one of the parties, held, that a neglect to object upon the first opportunity was a waiver of the irregularity.
    Appeal from an order denying motion to vacate referee’s report. The action was brought by Marian G. Gatlin against William H. Gatlin for a divorce on the ground of adultery. No answer was put in, and no exceptions filed to the report of the referee.
    
      M. P. Stafford, for appellant.
    
      Julien T. Davies, for respondent.
   Daniels, J.

The head-note states all that is of the opinion. importance for publication in

Order affirmed.  