BALDWIN, J. — In this ease judgment was entered for the defendant on the report of a referee. No motion was made for a new trial, or to set aside the report of the referee. An appeal is taken from the judgment so entered on the report of the referee; but it has been expressly held that this court will not review such a judgment under the circumstances: Porter v. Barling, 2 Cal. 72. Judgment affirmed. I concur: Cope, J.