
    Samuel C. Scoville vs. Silas Smith.
    No appeal lies from the determination of the court of common pleas under the Rev. Sts. c. 107, § 5, of the amount for which conditional'judgment shall be entered on a writ of entry to foreclose a mortgage, unless the record shows that a question of law was involved.
    Writ of entry to foreclose a mortgage. The defendant claimed an appeal from a conditional judgment entered in the usual form by the court of common pleas. But Sanger, J. refused to allow the appeal, and to this refusal the defendant alleged exceptions.
    
      I. Sumner 8f J. Rockwell, for the defendant,
    cited Rev. Sts. c. 107, § 5 ; c. 82, § 6 ; St. 1840, c. 87, § 5.
    
      H. L. Dawes Sf O. N. Emerson, for the plaintiff,
    were stopped by the court.
   By the Court.

The determination by the court of common pleas, pursuant to Rev. Sts. c. 107, § 5, of how much is due to the plaintiff on the mortgage, on payment of which the defendant is to hold the premises, involves a mere computation of amounts, and, unless it appears on the face of the record that a question of law was involved in the decison, no appeal lies. St. 1840, c. 87, §§ 4, 5. Exceptions overruled.  