Marshall v. Williston

This is an action of contract under R. L. c. 99, •§§ 4-7, now G. L. c. 137, §§ 4-6, to recover payments alleged to have been made on wagering transactions in the year 1916. The writ is dated March 24, 1919. An auditor was appointed by the Superior Court, presumably under St. 1914, c. 576, § 2, now G. L. c. 221, § 56. The case was heard by that court without a jury, upon the auditor’s report and without other evidence. The plaintiff made a motion in writing that upon all the evidence a finding be ordered for the plaintiff for the amount claimed in the declaration, with interest from the date…