
    ALFRED S. TALLMADGE, Appellant, v. HORACE WHITMAN, Respondent.
    
      Referee’s report — - appeal without ease or exceptions.
    
    Appeal from a judgment in favor of the defendant entered upon the report of a referee.
    No case or exceptions were prepared, the appeal being taken from the judgment.
    The court at General Term said: “ There can be no review of a judgment entered upon the report of a referee, unless an exception to his decision has been taken. (Code, §§ 268-272; 3 Wait’s Pr., 317, 318, 324-330.) Where exceptions have been taken a case or exceptions must be settled by the referee. (Rule 41; People v. Alb. and Sus. B. B. Oo., 57 Barb., 204 and note.) These indispensable proceedings have been omitted in this case.”
    
      Theo. Arnold, for the appellant. H. O. SoutJmorth, for the respondent.
   Opinion by

Gilbert, J.;

Barnard, P. J., and Dykman, J., concurred.

. Appeal dismissed and judgment affirmed, with costs.  