
    Comstock against Rathbone. Rathbone against Comstock.
    Motion to set oto^'erees1011 must be made ate the res m port is made.
    .WOODWORTH, attorney general, moved to set aside the reports of the referees in both causes on the merits,
    
      Foot, contra, objected that the motion ought to have heen made at the last term, as the reports were made in October, and final judgment had been entered thereon; and no certificate to stay proceedings had been obtained until since the last term.
   Per Curiam.

The objection is fatal. The application is too late, and no sufficient excuse is shewn for the delay. The case of Shepherd acPm. Case, in January terra, 1800, is in point.

Rule refused.  