
    Kingsbury vs. Kingsbury.
    An opder conflrminga Commissionar’s report, upon a partnership accouoting, is neither a decree nor a final order* as contemplated by the Statute regulating appeals.
    Appeal from Cass County. Motion tó dismiss appeal.
   Opinion by

Campbell C. J.

Tne motion to dismiss was made on the ground that the order confirming a Commissioner’s report, upon a partnership accounting, is neither a decree nor a final order, as contemplated by the statute regulating appeals. The appellant claims that the order does in fact decide upon the merits, and is therefore a decree. If it does so adjudicate, it was held in Campau vs. Lewis, 14 Mich. R. 460, that it would be appealable, though not deciding the whole case. ' And if, as claimed, the rights passed upon cannot be reviewed at all, unless on this appeal, there can be no doubt of its propriety..

Held, That the order under which the reference was had in this cause did not adjudicate finally upon anything, and merely required the commissioner to examine and state the accounts of the partnership, without first adjudging when it was made, or on what terms, and without attempting to prejudge any important fact whatever. Until the report should come in, and become absolute, there could be no decision at all upon the real merits of the cause. The proceedings reported were expected to enable the Court tó obtain a proper basis for decision. But a mere confirmation of the report is not a final decision of the cause. The case must, after such confirmation, be brought on to be heard, and upon the final hearing, if the facts are sufficiently presented to make a decree, the Court will then proceed to adjudicate and direct what remedy is to be had against either party, and give its decree in such shape that it can be .enforced. The present order contains no such features.

A confirmed report, at best, stands in the same relation to a decree, as a verdict to a judgment. It may be almost certain that the decree will follow it, but it'cannot be enforced until the decree is entered. No rights have as yet been lost to the appellant in this cause, *and until it is known what decree the Circuit Court will render upon the final hearing, it cannot be known which party will have cause to be dissatisfied. When the decree is made — if it should be adverse to the appellant— he will be able to raise on appeal the same questions which would be open if this order were appealable.

The appeal must be dismissed with costs of the motion.  