Appeal From Judgment—Judgment-roll—Report of Referee.—It is only the finding of a referee upon the whole issue that must stand as the finding of the court, and form part of the judgment-roll; and a report of testimony made under a first order of reference which does not contain findings of fact does not constitute a part of the judgment-roll, and cannot be considered upon an appeal taken upon the judgment-roll alone.

Trust—Following Trust Fund—Profits—Commingling of Funds.— Where a trustee commingled the funds of the beneficiary with his own, in the prosecution of a large business in whicn he had invested a capital in comparison to which the trust fund was insignificant, and the trust money was not essential to the business, and did not add materially to the profits, the profits of the business cannot be considered as earned by the use of the trust fund, and the beneficiary is not entitled to follow the fund, and to take so much of the property purchased with the common fund as the successors of the trustee cannot show to be theirs.

Id.—Allowance of Compound Interest—Date 'of Judgment—New Trial.—Where it appears that no profits had been made by a trustee from the use of trust money in his business, which can justly be said to be profits made by the use of the trust fund, the trustee is chargeable for such use with compound interest from the date of his appropriation of the fund until the entry of final judgment; and where a judgment had been entered for such interest upon a first trial, which was set aside by the granting of a new trial, it is error to allow simple interest only from the entry of the first judgment.

Costs—Equity Case—Discretion—Appeal.—The allowance of costs in an l equity case is matter within the discretion of the court, and without a statement or bill of exceptions that discretion cannot be reviewed upon appeal.