Keefe v. Johnson

These are actions for malicious prosecution of the plaintiff on a charge of obtaining money under false pretences with intent to defraud.

The cases came before the trial court and now come before us upon first and supplemental reports of an auditor whose findings of fact were to be final. The practice in such cases differs materially from that prevailing in cases where an auditor’s findings are not final and are merely prima facie evidence at a subsequent trial. See Cook v. Farm Service Stores, Inc. 301 Mass. 564. In cases like those now before us the auditor’s report becomes a case stated.…