Ahern v. Towle

Putnam, G. J.

This is a report of the action of a judge in denying a motion by the defendant for the dismissal of a report to this division and for the entry of judgment for the defendant.

The report, the dismissal of which is now sought, was signed and filed in the clerk’s office on July 21, 1939, by a judge before whom the case was tried on the merits and *35who found for the defendant. To this procedure the defendant made no objection. Thereafter both parties filed briefs and, on October 2, 1939, made arguments thereon before this division, also without any protest or objection by the…