
    Clark v. Donaldson.
    
      Reference—admission by referee of testimony subject to objection.
    
    Where evidence which was objected to was admitted by a referee subject to objection, and the referee never decided the objection, but no objection was taken to the course of the referee, held, that the party objecting to the evidence must be deemed to have assented to the course of the referee, and there was no error within the case of Sharpe v. Freeman, 45 N. Y. 802.
    Appeal by plaintiff from a judgment in favor of defendant entered upon the report of a referee.
    The action was brought by Thomas 0. Clark against James Donaldson for rent of a stable.
    
      W. P. Richardson and John A. Foster, for appellant.
    
      Francis Tillou, for respondent.
   Davis, P. J,

The question involved was principally of fact. The only material point passed upon in the opinion is fully given in the headnote.

Judgment affirmed.  