Gray v. Fisk
53 N.Y. 630
NY
1873
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There were two appeals in this.action; one from an order of General Term affirming an order of Special Term denying a motion to set aside the report of the referee herein, on the ground of misconduct, and one from the judgment affirming judgment on report of the referee. .

*631On appeal from order, held, that the same was not appeal-able, as above. The appeal from the judgment was decided substantially upon the facts of the case.

Folger, J.,

reads for affirmance.

All concur, except Peokham, J., not voting.

Judgment affirmed.