This is an appeal from a judgment for the defendant upon a writ of error in a summary process proceeding tried before a justice of the peace. The claims of error stated in the writ include a group in which complaint is made that during the examination of some of the witnesses the justice permitted counsel for the defendant to make adverse comments as regards the plaintiff's attorney and that the justice *Page 186
himself made such comments; certain rulings upon evidence; a ruling giving the defendant's counsel the right to challenge two jurors; and a refusal to submit an interrogatory to the jury. The first group of claimed errors could be reviewed by the trial court only if the comments and rulings were properly presented to it; the allowance of two challenges to the jury could be presented only if the fact of such a ruling was properly before the court; and a review of the refusal of the request to submit an interrogatory would require not only a finding that it was made but also sufficient facts upon which to determine the correctness of the ruling. The only way in which these claims of error could properly be brought before the trial court was by a bill of exceptions allowed and signed by the justice. Putterman v. Miller,
There is no error.
In this opinion the other judges concurred.
