GEO. T. McLAUTHLIN CO. v. FERREIRA


348 Mass. 143 (1964)

202 N.E.2d 818

GEO. T. McLAUTHLIN CO. vs. MAY P. FERREIRA & others.

Supreme Judicial Court of Massachusetts, Bristol.

December 2, 1964.


Attorney(s) appearing for the Case

Stuart DeBard for the plaintiff.

No argument or brief for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


WILKINS, C.J.

This is a report without decision, purportedly pursuant to G.L. (Ter. Ed.) c. 231, § 111, of a bill in equity which was heard by a judge of the Superior Court upon a case stated. Section 111, however, does not apply to suits in equity. G.L. (Ter. Ed.) c. 231, §§ 144, 146. The applicable statute is G.L. (Ter. Ed.) c. 214, § 31, which reads, "A justice ... by whom a case is heard for final decree may reserve and report the evidence...

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