Parke v. Mabee

This was a summary process for the recovery of land, originally brought in the Dorchester Municipal Court. The plaintiff had a judgment there, and the defendant appealed to the Superior Court. The plaintiff moved to dismiss the appeal as irregular. This motion was overruled by the Superior Court, and now, after a trial and verdict for the defendant, is brought here by appeal.

The record shows that the bond given on taking the appeal was indorsed “ Bond and Surety approved. Bond filed. N. Thomas Merritt, Jr., Clerk.” The plaintiff’s argument is that this discloses on its face that the approval…