Brown v. New York Central Railroad

The court undoubtedly at special term has the power to send back the report of a referee when it is so materially defective as not to pass upon all the issues referred to him. But I think it very inexpedient to exercise this power when the party who asserts that the referee has not performed his duty in this respect has, with other exceptions, excepted to the report on this ground.

*33At the hearing before the general term, if the court discover that the referee has omitted to report upon all the issues, and that the party injured by the omission has duly excepted, as in this case, the judgment…