Squires v. Toye

This is an appeal from an order of the Appellate Division of the District Courts whereby a petition to establish report was denied. The alleged facts set out in the draft report have not been established by the Appellate Division. The case might be disposed of on the ground that there is nothing before us. Sawsik v. Ciborowski, 256 Mass. 583. Patterson v. Ciborowski, 277 Mass. 260, 266. Rule 30 of the District Courts (1932).

If the case be considered as the parties have argued it, the same result is reached. The trial judge filed a disallowance in writing of the draft report; from that it…