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FRANCIS S. HUTCHINS, Respondent, v. JOHN H. PARKS, Appellant.

Order reversed, without costs, upon the ground that an order of reference as a condition of continuing the case should not have been made. The reference was not ordered because there was a referable issue. If the plaintiff would have a reference on such grounds, he should move for it and show that he is entitled to it. Jenks, P.J., Thomas, Carr, Rich and Putnam, JJ., concurred.

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HUTCHINS v. PARKS
(Jul 1, 1916)