Marvel v. Regienus

This is an action of tort to recover damages for cutting and carrying away wood from the plaintiff’s land in Hardwick. G. L. (Ter. Ed.) c. 242, § 7. See Davenport v. Haskell, 293 Mass. 454; Moskow v. Smith, 318 Mass. 76. The case was referred to an auditor, whose findings of fact, by stipulation of the parties, were to be final. A judge of the Superior Court, on motion of the plaintiff, ordered judgment to be entered for him on the auditor’s report. The case comes to us on the defendant’s exceptions to the allowance of this motion, to the denial of the defendant’s motion for judgment, and to…