Equity Pleading and Practice, Waiver of right to appeal. Attachment, In equity. Execution, Under attachment in equity.
Where in a suit in equity with the assent in writing of the attorneys for the parties a decree is entered containing the recital, "the plaintiff and the defendant . . . severally waiving their rights to appeal therefrom," the right of appeal is waived under R.L.c. 159, § 34, and there can be no appeal from such a decree.
Under R.L.c. 167, § 56, which provides that "Property which has been attached in suits in equity shall be held for thirty days after the right of appeal from a final decree expires," where there is no right of appeal the right to levy execution under an attachment expires thirty days after the decree.
LORING, J.
The decree in question contains this recital: "the plaintiff and the defendant Bradshaw S. Tolman severally waiving their rights to appeal therefrom." That recital brings that decree within the provision of R.L.c. 159, § 34. A party to such a decree has caused an entry of his waiver of an appeal to be made on the docket within the provisions of that act. From such a decree there is no appeal. Winchester v. Winchester, 121 Mass. 127. See also in this connection Washington National Bank v. Williams, 188 Mass. 103.
It follows that the attachment had expired when execution was taken out more than thirty days after the date of the decree. Pub. Sts. c. 161, § 53. R.L.c. 167, § 56.
We find nothing in the cases relied on by the petitioner requiring special notice.
Exceptions overruled.