
    Clinton against Elmendorf.
    ALBANY,
    Feb. 1808.
    
      Thursiay, Fear, 11th. A motion to set aside a report of referees on the merits, is an enumerated motion. Rules of S. C January term, 1799.
    VAN VECHTEN, for the defendant,
    moved to set aside the report of the referees, in this cause, on the merits.
    
    
      Hawkins, contra,
    objected, that this being a day to hear non-enumerated motions, the present motion was not in order.
   Per Curiam.

This being a motion to set aside the report on the merits, it must be considered as an enumerated motion j it is otherwise, when founded, on irregularity.  