Oliver Ditson Co. v. Testa

• Decision Date: 26 November 1912
• Citation: 99 N.E. 949,213 Mass. 109
• Parties: OLIVER DITSON CO. v. TESTA.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

213 Mass. 109

99 N.E. 949

OLIVER DITSON CO. v. TESTA.

Supreme Judicial Court of Massachusetts, Suffolk.

November 26, 1912

COUNSEL

Chas. Toye, of Boston, for appellant.

A. M. Schwarz and S. A. Dearborn, both of Boston, for appellee.

OPINION

RUGG, C.J.

This is an appeal from an order of the superior court overruling a plea in abatement. There has been no trial on the merits and no judgment. Hence the case is not properly here. It has been decided many times that this court has no jurisdiction to consider an appeal from any interlocutory decision until after judgment unless the judge reports the question. Cotter v. Nathan & Hurst Co., 211 Mass. 31, 97 N.E. 144, and cases cited; Cummings v. Ayer, 188 Mass. 292, 74 N.E. 336; Fay v. Upton, 153 Mass. 6, 26 N.E. 997; Shawmut Commercial Paper Co. v. Cram, 212 Mass. 108, 98 N.E. 696.

Appeal dismissed.