Collis v. Collis

This is an appeal by the libellant from a decree dismissing his libel for divorce. The ground alleged in the libel was cruel and abusive treatment. The evidence is not reported but the judge at the request of the libellant made a report of the material facts found by him. A substantial portion of the report consists of recitals of the evidence. This was improper. Such recitals have no place in a report of material facts and will be disregarded. Skerrett v. Hartnett, 322 Mass. 452, 454. We shall decide the case solely on the basis of the facts actually found by the judge. “A report of material…