Entered according to Act of Congress, in the year eighteen hundred and sixty-four, BY NATHAN HOWARD, JR., In the Clerk's Office of the District Court of the Southern District of New York. Rec Dec 22.1864 People agt. Mayor, &c., of New People ex rel. McHugh agt. the People ex rel. Robinson agt. Ferris, 193 Capitol.... PRACTICE REPORTS. SUPREME COURT. JOHN W. NELSON agt. EDWIN INGERSOLL. The code (§272,) requiring a referee to state the facts found by him and his conclusions of law separately, does not require any further findings upon the facts than such as enter into and form the basis of the judgment rendered by him. He is not required to negative in express terms any other facts. Facts not found are necessarily negatived by implication. Thus, if the defendant fails to establish his defence or counter claim, the referee, in finding for the plaintiff, negatives the defence or counter claim by implication. He is not required to find upon the facts of such defence or counter claim specially, or take any notice in his report of the issues raised thereby. A referee cannot be required or allowed to make any new findings, either of law or fact, after he has decided the cause and delivered his report. He can then only settle a case which will contain the proceedings had upon the trial, with the request to find upon matters of law and fact, with the exceptions taken to his decision after the report is made and delivered. If his finding upon the facts will not sustain his conclusions of law, his judgment based thereupon, with or without & case, upon the report itself, must be reversed. Monroe General Term, March, 1864. Present, JAMES C. SMITH, HENRY WELLES and E. DARWIN SMITH, Justices. THE facts sufficiently appear in the opinion. By the court. E. DARWIN SMITH, J. The referee having found for the plaintiff, and failed to make any particu lar finding of fact or law upon the defence and counter claim set up by the defendant, the defendant moved at special term to send back the report to the referee, with directions to specify in his report the facts and law found by him in respect to the matters set up as a defence and counter claim. This motion being denied at special term, |