New York Court of Common Pleas December 7, 1885 (Fay v. Muhlker)

Charles P. Daly, Chief Justice.

The judgment to be entered upon the report of the referee is an interlocutory one, for a final judgment cannot be entered until after there has been a failure to comply with the condition upon which the plaintiff was allowed to answer (Liegeois v. McCrackan, 22 Hun 69), and if the condition is complied with there will be no such judgment.