Majority
p. 352[670] Hendricks vs. Bloodgood.
Headnote
Notice of the'signing of the report by referees must be given to the losing party, to enable him to comply with the general rule as to setting aside reports of referees, or he will be relieved, although he does not, within the time prescribed, prepare papers to set aside the report.A motion was made in behalf of the defendant to set aside a judgment entered on a report of referees, and for leave to serve affidavits whereon to found a motion to set aside the report. The excuse offered for not complying with the general rule on this subject, was, that the party had not notice of the signing of the report. In answer,, it was objected that it was not the practice to give notice.
By the Court,
It should be the practice. . In analogy to the making of a case for a new trial, the affidavit upon which it is intended to move to set aside the report should be served within four days after notice of the signing of the report, and unless the losing party has such notice, he is entitled to relief. Motion granted.