
    Henry Morgenthau et al., v. Elizabeth H. Walker.
   Pryor, J.

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) pro vides that “the court must appoint another referee.” We merely reverse the judgment and direct a new trial, leaving to the court helow either to name another referee or to vacate the order of reference, as justice may seem to require.

Reversing 48 St. Rep., 937.  