AMERICAN SERVICE & SUPPLY CO. INC. v. Raby

After the defendants, husband and wife, were defaulted in this action of contract on two promissory notes, the case came on to be heard on a motion for counsel fees as provided in the notes. The motion was denied, and the plaintiff excepted. The judge gave no reason for his ruling, so far as disclosed by the bill of exceptions. In response to an order of this court for a statement of any findings or rulings which he may have made, the judge reports that he ruled as he did because the plaintiff presented no evidence in support of the motion. The report recites that no defendant was present or…