Albany Brass & Iron Co. v. Alton

This action came on for trial, and, after it had proceeded for some time, the court, of its own motion, ordered a reference. The plaintiff assented, but the defendant opposed the order, and took an appeal therefrom. Subsequently the defendant made a motion to vacate the order of reference. This motion was denied. It is from the order entered on the denial of the last-named motion that this appeal is taken. An appeal also was taken by the defendant from' the order directing a reference.

An appeal from an order, and a motion to set it aside, seem to be concurrent remedies that may be presented…