McHenry

Heydenfeldt, J., concurred.

This cause was heard below upon a bill filed for an account, and a dissolution of co-partnership. The matters of account were sent out under the order of Court to a referee, to report upon their condition, to take testimony, and report facts to the Court. The referee reported a voluminous mass of testimony, somewhat contradictory in its character, his findings of the facts therefrom, and conclusions of law upon the same.

Exceptions were filed in Court to the findings of the referee, as being against the testimony, and upon the further ground that the referee had exceeded his powers in finding conclusions of law ; the Court set aside the report of the referee as far as it found the'facts, and applied the law, and proceeded upon the testimony reported to find the facts for itself, and render a decree upon its own findings. It is well settled, that a Court can interfere and set aside the report of a referee, upon the same ground as it will proceed to set aside the verdict of a jury ; so it has been held, that a Court of Chancery will set aside a report of a master or referee, not only where it is against the weight of evidence, but where the facts of the…