
    Thompson against Tompkins.
    A motion to set aside the report of referees will be heard, though it is not filed', it -having been delivered to the defendant’s attorney, who kept it in his pocket.
    This cause had been referred to referees, who; repbrted in favor of the defendant, and delivered their report to the defendant’s attorney, which was not yet filed.
    
      Riggs
    
    applied for leave to bring on the argument of a motion to set aside the report.
    
    
      Coleman, for the defendant,
    submitted whether the motion to set aside the report could be heard, before-the report was filed.
   Per Curiam.

It does not lay in the mouth of the defendant'to make this objection. If the report be not filed, it is his own neglect, and we will not delay, the motion for that reason.

Rule, granted. 
      
       Gra. Prac. 2d ed. 576.
     