
    NEW YORK COMMON PLEAS
    GENERAL TERM,
    MAY, 1893.
    Morgenthau and Another v. Walker
    
      Laehmam,, Morgenthau & Goldsmith, for plaintiff.
    
      Alex. Hain, for defendant.
   Memorandum.

In Catlin v. Adirondack Co., 19 Hun, 389 ; 81 N. Y. 379, it was decided that a reversal of a judgment does not per se operate "a vacatur of the order of reference. But a subsequent amendment of the Code (§ 1011) provides that “ the court must appoint another referee.” We merely reverse the judgment and direct a new trial, leaving to the court below either to name another referee, or to vacate the order of reference, as justice may seem to require.

Judgment accordingly.  