Majority
p. 645Jerome D. Holmes, Respondent, v. William E. Roper et al., as Administrators, etc., of Job Holmes, Deceased, Appellants.
Order reversed and order of confirmation and judgment thereon set aside, and a new trial directed before another referee, upon payment by the defendants within twenty days of the costs ■ allowed by the order, and in the judgment, , and costs of the appeal before notice of argu- ¡ ment, and in default of such payment the order denying the motion for a new trial affirmed, with costs, and the judgment and orders affirmed with costs. Opinion by
Mem. by Merwiu, J.; dissenting opinion by Martin, J.