
    JAMES C. McANDREW, Respondent, v. BARKER PLACE and another, Appellants.
    
      Order of reference —form of stipulation prescribed as a condition of not granting it— when renewable.
    
    Where the defendant seeks to avoid the reference of an action, concededly referable, by a stipulation which, it is alleged, will take the question of a long account out of the issues to be tried, it is proper for the court to make an order referring the canse, unless the defendant sign a stipulation, the form of which is prescribed by the order.
    The form of a stipulation so prescribed will not be reviewed, except in cases where there is a manifest abuse of discretion.
    Appeal from an order made at the Special Term referring this action.
    
      G. H. Ormoford and J. K. Haywctrd, for appellants. F. F. Marbury, Jr., for respondent.
   Opinion by

Davis, P. J.

Daniels and Brady, JJ., concurred.

Order affirmed, with costs.  