Donahue v. Kenney

After the previous decision in this case (327 Mass. 409) there was a hearing on the merits resulting in a final decree dismissing the bill from which the plaintiff appealed. In this court the plaintiff argues three questions of evidence.

At the outset the state of the record requires comment. The plaintiff filed a designation under Rule 2 (B) of the Rules for the Regulation of Practice before the Full Court (1952), 328 Mass. 693. This designation, among other things, listed portions of the transcript to be printed. The completed record unnecessarily contains the designation with the judge’s…