Edinburg v. Allen-Squire Co.

This is an action of tort for conversion of machinery and other personal property. The case was referred to an auditor whose findings of fact were to be final. After the auditor had filed a report the trial judge “found” for the defendant on this report and allowed the defendant’s motion for judgment thereon. The plaintiff appealed.

The auditor’s report was in effect a case stated (Robinson v. Lyndonville Creamery Association, 284 Mass. 396, 398), and the action of the judge thereon an order for judgment. The case falls, therefore, within one of the classes of cases in which appeal is…