
    Jansen and Jansen, administrator, against Tappen.
    Motion for a reference, in behalf of the plaintiff; but it appeared that, besides other pleas upon which issues of fact were joined, the defendant had pleaded non assumpsit infra sex amnos, to which the plaintiff had replied, and the defendant had demurred to the replication, upon which the plaintiff had joined in demurrer; which issue in law was not yet determined; and the motion was opposed for this reason.
    ^ A reference granted, if canse, which ^¿ole* action^
    
      
      Myer & Fan Burén, for the motion.
    
      tí. M. Ronieyncontra;
   Curia.

The motioh must be denied. Here is a demur-1 ref pending upon a replication to a plea which goes to the whole cause of action. The motion is premature ; for, .should the report be for the plaintiff, still the decision upon the demurrer may be for the defendant, which would render lilis proceeding nugatory;

Motion denied.  