ANDERSON v. SECOND SOCIETY UNIVERSALISTS

Practice, Civil, Report: dismissal for failure to enter "as soon as may be."

A report of an action by a judge of the Superior Court, filed on December 27, 1926, was not entered in this court "as soon as may be," under G.L.c. 231, § 135, if the order for printing the record was not given until February 8, 1927; and a motion to dismiss the report for that reason must be allowed.

BY THE COURT.

The report in these cases was filed on the twenty-seventh day of December, 1926. The order for printing the record was not given until the eighth day of February, 1927. Thereafter there was no unreasonable delay. But we are compelled to say that the report was not entered "as soon as may be" within the meaning of those words in G.L.c. 231, § 135. Silverstein v. Daniel Russell Boiler Works, Inc. 254 Mass. 137. Mazzuchelli v. Seretto, 254 Mass. 159. West v. Johnson, 254 Mass. 161. Crawford v. Roloson, 254 Mass. 163.

It may be added that no error is discovered in the action of the Superior Court.

Report dismissed.