Montgomery v. Richards

The plaintiffs appeal from a final decree sustaining a demurrer to their bill of complaint; and they except to the refusal to make a report of the material facts found by the judge who made the decree.

There is no error in the refusal of the report. G. L. c. 214, § 23, in requiring a report by the trial judge of the material facts found by him, if requested by an appellant within four days after he has been notified of the entry of the decree, deals with situations in which there are controverted issues of fact; and where, in consequence, the decree is the result of decisions with regard to…