Opinion
March 9, 1927.
March 10, 1927.
Present: RUGG, C.J., BRALEY, PIERCE, CARROLL, WAIT, JJ.
Land Court, Finding of fact by judge, Appeal.
An appeal by a tenant in a writ of entry in the Land Court from a judgment, ordered for the demandant following a decision by the judge in favor of the demandant without a report of evidence and after a recital of facts supporting it, presents no question of law to this court. An appeal from the allowances by a judge of the Land Court of a motion filed on December 6 to dismiss an appeal filed on November 3 on the ground that it had not been prosecuted and entered in this court as required by statute, where there was no report of evidence, must be dismissed.
WRIT OF ENTRY in the Land Court dated July 9, 1926, and relating to land to Hudson Street in Somerville.
Proceedings in the Land Court are described in the opinion.
W.H. Corey, pro se.
The demandant was not called on.
This is a writ of entry. The Land Court found that "the demandant is entitled to immediate possession of the demanded premises and that the tenant is unlawfully withholding possession from him." Judgment was ordered for the demandant. The recital of facts in the decision of the Land Court amply supports this finding. No evidence is reported. This appeal of the tenant raises no question of law, not anything for the consideration of this court. Trojanowski v. MacLachlan, 240 Mass. 225, 227.
The tenant's appeal from that decision was filed on November 3, 1926. Motion to dismiss that appeal was filed and allowed on December 6, 1926, on the ground that the appeal by the tenant had not been prosecuted and entered in this court as required by statute. No evidence is reported on this matter. There was no error in the dismissal of the appeal under numerous decisions. Griffin v. Griffin, 222 Mass. 218. Crawford v. Roloson, 254 Mass. 163, 167, and cases there collected.
Appeal dismissed.