
    ROBERT INCHES, Appellant, v. HENRY VAN VALKENBURGH, Respondent.
    No. 2251;
    November 29, 1859.
    Appeal — Report of Referee — When not Disturbed. — A judgment upon a report of a referee, where no motion has been made to set it aside or for a new trial, will not be reviewed on appeal.
    APPEAL from Fourth Judicial District. San Francisco County.
    A. T. Wilson for appellant; H. S. Love for respondent.
   BALDWIN, J.

— In this ease judgment was entered for the defendant on the report of a referee. No motion was made for a new trial, or to set aside the report of the referee. An appeal is taken from the judgment so entered on the report of the referee; but it has been expressly held that this court will not review such a judgment under the circumstances: Porter v. Barling, 2 Cal. 72.

Judgment affirmed.

I concur: Cope, J.  