Grayson

delivered the opinion of the Court.

*125 ' This was a Bill in Chancery for an account between partners. The case was referred to a referee under the Statute, who made a report, upon the face of which, as far as can be discovered, there is no error of law or fact, and if any, there are no exceptions taken before him to point them out, or to show that his decision was objected to.

The Court below set aside the report, and granted a new trial, and from this order the plaintiff appeals.

The respondents insist that motions for new trial are peculiarly addressed to the discretion of the Judge who tried the cause, and that the Supreme Court will not interfere, unless in case of a manifest abuse of that discretion.

[125] * This is certainly correct when applied to cases tried by the Judge, but has never been recognized for the purpose of setting aside the report of a referee, or the award of an arbitrator, which in all essentials, we hold to be the same in effect. On the contrary, we have invariably held the opposite doctrine.

In the case of Tyson v. Wells & Skinner, decided at the January Term, 1852, this Court, in their opinion, say:

“In the case of Muldrow v. Norris, 2 Cal. 74 ,…