Manwaring v. Lippincott

This is a motion to confirm the report of a referee. A number of exceptions have been filed, and voluminous briefs and papers submitted in opposition to the motion. The ref erence, however, was not one in aid of the conscience of the court, nor one to determine the distribution of surplus money upon the foreclosure of a mortgage, in which cases the court at Special Term could consider the merits of the case, and confirm, or set aside, or refer back the report, as the court might deem proper. Mutual Life Ins. Co. v. Salem, 3 Hun, 117; Same v. Anthony, 23 W’kly Dig. 421. But in the case at bar…