Tufts v. Waxman

63 N.E. 132, 181 Mass. 120, 1902 Mass. LEXIS 799

Opinion

Holmes, O. J.

If the report of the justice of the Superior Court is properly before us, there is nothing in it to show that his discretion was wrongly exercised in denying the defendant leave to amend. There is no appeal. Therefore, whether the report is properly before us or not, the decree of the Superior Court must stand. The motion for double costs is overruled, as it is at least doubtful whether the statute can be extended to cover this case. R. L. c. 156, § 13.

Decree to stand.