SOLOMON Z. RIVKIND vs. DERDAD GULESERIAN & another.

WILBUR L. LAWSON vs. MARGARET M. LAWSON.

340 Mass. 781

December 8, 1959

Decree reversed. This is an appeal by the libellant from a decree dismissing a libel for divorce for cruel and abusive treatment. The libellant filed a request for a report of material facts. The judge filed a brief report, which this court ordered amplified. G. L. c. 231, Section 125A, inserted by St. 1949, c. 171, Section 1. The judge has filed an additional report. Still not enough appears in the two reports to enable us to reach a proper conclusion. Watkins v. Simplex Time Recorder Co. 316 Mass. 217 , 224-225, and cases cited. Minot v. Minot, 319 Mass. 253 , 258. Turgeon v. Turgeon, 326 Mass. 384 , 386. Bendslev v. Commissioner of Pub. Safety, 331 Mass. 261 , 266-267. American Employers' Ins. Co. v. Cohen, 334 Mass. 417 , 421. Frank v. Frank, 335 Mass. 130 , 136-137. We think that the case should be heard again.