
    Coggshall against Burling.
    This cause having been referred, the referees reported against the defendant, in whose behalf it was proposed to move to set aside the report on the merits.. For that purpose, the court were now moved that the referees be required by rule to make a detailed report of the case before J r them, upon which the matter might be heard here, and be carried to the court of errors, if either party should be so advised. The motion was founded mainly on the suggestion of Spencer, senator, in Rensselaer Glass Factory v. Reid, (5 Cowen, 604.)
    The court referees to reP”t specially that their decisión may be revised on the merits. The up3’ the case on affida- " -
    *2". Munro, for the motion.
    
      M. Mitchell, contra.
   Curia.

The mode of proceeding suggested by the honorable senator, may be better and more convenient, as he remarks, than a hearing upon affidavit; but the latter is the established practice; and must continue till altered by general rule.

Motion denied.  