Majority
p. 66Daniel Budlong Appellant, v. Harris Lewis, as Executor, etc., Respondent.
Order appealed from reversed, with ten dollars costs and disbursements. Held, that as nothing appears in the motion papers showing the materiality of the proposed findings, or that the matters contained in them were not passed upon by the referee in his report, the order sending the case back to the referee for further findings was improvidently granted, even if the court had power to send it back for that purpose, upon which point we express no opinion.