Majority
p. 919Francis S. Hutchins, Respondent, v. John H. Parks, Appellant.
Order reversed, without costs, upon the ground that an order of reference as a condition of continuing the case should not have been made. The reference was not ordered because there was a referable issue. If the plaintiff would have a reference on such grounds, he should move for it and show that he is entitled to it. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.