
    Joseph Benedict agt. Amasa Lord.
    Service of affidavit or case, with notice of motion to set aside report of referees, is ijpt a stay of proceedings per se, until the case is settled; but an order must be obtained.
    
      February Term, 1846.
    Motion by defendant to set aside judgment for irregularity.
    This was a case where the defendant’s attorneys had served plaintiff’s attorney with copy case and papers for a motion to set aside the report of referees, without any order to stay proceedings. Plaintiff’s attorney gave defendant’s attorneys written notice as follows: (title of the cause) Gent. Judgment has been entered upon the report of referees. I do not regard your papers as regular, and that no motion can be made upon them.
    0. P. Kirkland, defendant's counsel.
    
    Sherwood & Wye, defendant’s attorneys.
    
    M. T. Eeynolds, plaintiff’s counsel.
    
    0. M. Benedict, plaintiff’s attorney.
    
   Bronson, Chief Justice.

Denied the motion, with costs, without prejudice, on the ground that service of affidavit or case, with notice of motion to set aside report of referees, is not a stay of proceedings per se until the case is settled; but an order must be obtained.  