
    Miller and Underhill against Vaughan.
    Where referrees in a case are chosen by the parties without any rule of court; the court will not listen to an application to set aside the report.
    
      Evertson, in behalf of the plaintiffs, moved to set aside the report of referees, on affidavits. He was proceeding, when it appeared, in answer to an inquiry made by the court, that the cause had been referred by consent of the parties, and without any rule of court.
   Per curiam.

Where a cause is referred by consent, the court will not listen to an application to set aside the report. We interpose only where the cause has been referred by a rule of court, pursuant to the statute. The parties are left to the same remedy, as in the case of a mere submission to arbitrators. The court have no controul over referees, voluntarily chosen by the parties. It is also admitted that this was not a proper case for a reference under the act. It was decided in November term last, that the court would not interfere in such a case.

Motion denied.  