¶1This case is similar to that of Walter Langdon v. The Mayor, etc. The directions contained in the order of reference, the proof taken before the referee, and the report made by him are the same in principle. And as the report should be set aside in the other action and a further hearing directed, the same disposition should be made of this case for the reasons already assigned in the preceding case, and in the case of Kingsland v. Mayor, etc.
¶2Brady and Bartlett, JJ., concur.