Home Owners' Loan Corp. v. Sweeney

This action of summary process was tried in the Superior Court, on evidence, before a judge and a jury. There was a verdict for the plaintiff on October 29, 1940. The defendant, on November 18, 1940, claimed an appeal to this court and filed a bill of exceptions in the Superior Court. Obviously the appeal would not lie. G. L. (Ter. Ed.) c. 231, § 96. But, as appears from a copy of the docket entries in the case, transmitted to this court (G. L. [Ter. Ed.] c. 231, § 135, Styrnbrough v. Cambridge Savings Bank, 299 Mass. 22, 23), the defendant attempted to perfect this appeal by ordering, on…