
    [725] FAIRHOLME against FORKER.
    ON CERTIORARI.
    Judgment may be entered on report of referees, in absence of, and without notice to the losing party.
    The cause below had been referred, and the referees made a report within the time limited by the rule; whereupon the justice entered judgment in the absence of the party against whom the report and judgment-was rendered.
    It' was objected to this judgment that the defendant ought to have had an opportunity to have been present at the rendering of the judgment; that he might object, if he had cause, to the report.
    
      Neale, for plaintiff.
   By the Court.

It is certainly reasonable that the party against whom the report is found, should have an opportunity to examine the report, and object to it, in case there should be any legal objection, and be heard thereon. This cannot be done if the report is brought into court in his absence, and judgment immediately rendered on it. But this being the practice in justices’ courts, it would shake too many judgments to reverse for this cause. We think less inconvenience will arise from this court permitting the injured party on certiorari to show to this court the illegality of the report; but as no complaint is made against the report itself, we think that this judgment must be

Affirmed.  