320 Mass. 759 | Mass. | 1946
Decree affirmed with costs of the appeal. This is an appeal from a decree of the Superior Court denying the petitioner leave to file a bill to review the final decree against the petitioner in a suit in equity. See Twomey v. Roy, ante, 759. The only ground for review set forth in the amended petition is in substance that upon the resumption of the hearing in the original cause before the master on December 4, 1944, the “selected and approved” stenographer who had taken the evidence on six previous days was unable to be present; that the petitioner could not secure a substitute; that, relying upon the assurance of her counsel that notes would be taken of the evidence so that it could be presented to the Supreme Judicial Court, she went on with the hearings on December 4 and 5; and that now she cannot get a full report of the evidence for use on appeal to this court from the final decree. It is plain that the petitioner does not allege error of law upon the face of the record, nor does she allege any of the grounds upon which review is commonly allowed. Boston & Maine Railroad v. Greenfield, 253 Mass. 391, 397. Hyde Park Savings Bank v. Davankoskas, 298 Mass. 421, 423. Theberge v. Howe, 314 Mass. 22, 25. Relevancy of the matters relied upon is carefully considered before leave to file is granted. Manning v. Woodlawn Cemetery Corp. 249 Mass. 281, 286. Boston v. Santosuosso, 308 Mass. 189, 200. There is nothing to show that the court had ordered the master to report the evidence. Such an order is not common. It does not appear that any substantial question of law arose before the master in connection with which the petitioner needed the evidence taken on December 4 and 5 to support in accordance with Rule 90 of the Superior
