A general finding by a judge of the Superior Court in an action heard upon a statement of agreed facts which amounted to a case stated was in effect an order for judgment from which an appeal to this court lay under G. L. (Ter. Ed.) c. 231, Section 96.
No appeal to this court lies under G. L. (Ter. Ed.) c. 231, Section 96, from a judgment entered in an action at law pursuant to an order for judgment on a case stated.
CONTRACT. Writ in the District Court of Hampshire dated October 2, 1956.
Upon removal to the Superior Court the action was heard by O'Brien, J.
Edwin P. Dunphy, for the defendants Victor W. Fitch and another.
Alvertus J. Morse, (Alvertus D. Morse with him,) for the plaintiff.
WILKINS, C.J. This action of contract was heard upon a statement of agreed facts, which amounted to a case stated. The judge found for the plaintiff against two defendants, and on January 12, 1961, filed a paper entitled "Finding of Court." This was in effect an order for judgment from which an appeal would have lain under G. L. (Ter. Ed.) c. 231, Section 96. Dedham v. Newton, 320 Mass. 391 , 392. Pepperell v. Somerville, 321 Mass. 413 . National Cash Register Co. v. Warner, 335 Mass. 736 . See Corbett v. Derman Shoe Co. 338 Mass. 405 , 407. No such appeal was taken. After the expiration of the appeal period, the plaintiff on February 14 filed a "motion for entry of judgment" against those two defendants "according to the
finding of court entered on January 12." This motion was allowed on February 23. On March 1 these defendants filed an "appeal from the judgment of the court entered against them on February 23." Such an appeal is not authorized by G. L. (Ter. Ed.) c. 231, Section 96. Burnham v. Dollard, 269 Mass. 530 , 531. Keljikian v. Star Brewing Co. 303 Mass. 53 , 61. See Meadows v. Town clerk of Saugus, 333 Mass. 760 , 761.