Lynch v. Lynch

This is an appeal by the libellant from a decree dismissing his libel for divorce brought on grounds of cruel and abusive treatment and desertion. The case comes here with the probate judge’s report of material facts and a supplemental report of material facts but without a report of the evidence. Included in the report are recitals of evidence which are not properly a part of a report of material facts and will be disregarded. Skerrett v. Hartnett, 322 Mass. 452, 454 (1948). Collis v. Collis, 355 Mass. 25 (1968). Where, as here, the evidence is not reported, the question is whether the…