Neilson v. Malcolm Kenneth Co.

No error of law appears on this record in the denial by the Appellate Division of the plaintiff’s “application to vacate” the defendant’s appeal to this court from the order of the Appellate Division dismissing the report requested by the defendant. See G. L. (Ter. Ed.) c. 231, § 108, third paragraph. What evidence was introduced at the hearing on this "application” does not appear. The plaintiff now contends that the defendant failed to comply with the requirement of G. L. (Ter. Ed.) c. 231, § 135, that it should pay to the clerk the estimated expense of the preparation of the papers "within…