Opinion
November 5, 1934.
November 8, 1934.
Present: RUGG, C.J., PIERCE, FIELD, DONAHUE, LUMMUS, JJ.
Equity Pleading and Practice, Appeal.
A final decree dismissing the bill in a suit in equity must be affirmed on appeal where it was within the scope of the pleadings, and the record before this court contained only the pleadings and the decree, which recited that it was ordered entered "upon the bill and answers and the plaintiff's opening and plaintiff's offer of proof."
BILL IN EQUITY, filed in the Superior Court on January 3, 1934.
The defendants in their answers admitted some of the allegations in the bill, denied others, and neither admitted nor denied others because of lack of knowledge concerning them. The suit was heard by Williams, J., by whose order the final decree described in the opinion was entered. The plaintiff appealed. The record on appeal contained only the pleadings and the final decree.
W.H. Martin, for the plaintiff, submitted a brief.
No argument nor brief for the defendants.
This is a suit in equity to restrain the foreclosure of a mortgage. A decree was entered wherein is the statement that the case was argued by counsel and "upon the bill and answers and the plaintiff's opening and plaintiff's offer of proof, it is ordered, adjudged and decreed that the bill be and hereby is dismissed without costs." No opening nor offer of proof is printed in the record. There is no statement of material facts. The decree must stand if within the scope of the pleadings. Manifestly no error is disclosed. O'Brien v. Gove, 208 Mass. 325. Levinson v. Connors, 269 Mass. 209. Milne v. Walsh, 285 Mass. 151.
Decree affirmed.