Real Prop. Co. v. Pitt

Citation230 Mass. 526,120 N.E. 141
PartiesREAL PROPERTY CO., Inc., v. PITT et al.
Decision Date26 June 1918
CourtUnited States State Supreme Judicial Court of Massachusetts

OPINION TEXT STARTS HERE

Report from Municipal Court of Boston, Appellate Division.

Action of contract for a broker's commission for procuring a loan on property belonging to defendant by the Real Property Company, Incorporated, against Elijah J. Pitt and another. The municipal court of the city of Boston found for plaintiff, and reported the case to the appellate division, which ordered new trial, and plaintiff appeals. Appeal dismissed.

Jas. P. Barlow, of Boston, for plaintiff.

RUGG, C. J.

This action of contract was commenced in the municipal court of the city of Boston. The judge of first instance denied certain requests for rulings of law presented by the defendant, and found for the plaintiff. The defendant being aggrieved, the case was reported at his request to the appellate division, whose decision was, ‘New trial ordered.’ Thereupon the plaintiff appealed.

A preliminary question is whether the case had reached a stage where an appeal could be taken.

The right to appeal directly to this court from the appellate division is created by St. 1912, c. 649, § 9. By its terms such appeal lies only ‘from the final decision of the appellate division.’ It becomes necessary to define the words ‘final decision’ in this connection.

The natural import of that expression is a determination which puts an end to litigation. A ‘final decision’ by the ordinary and approved usage of the language as applied to an action at law means a decision which leaves nothing more open to dispute and which sets controversy at rest. It seems plain that the general court used the words in that sense in this statute. Parties litigant have never been given the right to enter in this court exceptions or appeals relating to interlocutory matters until the case is ripe for final disposition in the court where it is pending. See Weil v. Boston Elevated Railway, 216 Mass. 545, 104 N. E. 343, where the cases are reviewed. The only way in which such matters can be brought from the superior court to this court at any earlier time is by comparatively recent statutes which require a certificate by the judge in substance to the effect that he is of opinion that the matter so affects the merits of the controversy that it ought in justice to be determined by the full court before further proceedings are had. R. L. c. 159, § 27, and chapter 173, § 105; St. 1910, c. 555, § 5. See St. 1917, c. 345; Hetherington & Sons, Ltd., v. William Firth Co., 212 Mass. 257, 98 N. E. 797. This is very far from permitting a general right of presenting all interlocutory rulings of law which are not decisive of the merits of the litigation to this court for revision. Manifestly such a right might easily become an intolerable burden in affording opportunity for delay and expense, as well as perhaps in other respects.

It cannot be presumed that it was the legislative purpose to confer appeal from the appellate division upon a far broader range of matters than is allowed as of right to litigants in the superior court.

The provision of the statute in this respect is similar to those of the judicature acts of Congress which permit appeals and writs of error to the Supreme Court of the United States from final judgments or decrees. ‘Final’ in that connection always has been interpreted to mean such a decision as puts an end to the litigation between the parties, so that, if there should be an affirmance--

‘the court below would have nothing to do but to execute the judgment or decree it had already rendered. * * * If the judgment is not one which disposes of the whole case on its merits, it is not final. Consequently it has been uniformly held that a judgment of reversal with leave for further proceedings in the court below cannot be brought here on writ of error.’ Bostwick v. Brinkerhoff, 106 U. S. 3, 4, 1 Sup. Ct. 15, 16, 27 L. Ed. 73;Macfarland v. Byrnes, 187 U. S. 246, 23 Sup. Ct. 107, 47 L. Ed. 162;Rio Grande Railway Co. v. Stringham, 239 U. S. 44, 47, 36 Sup. Ct. 5, 60 L. Ed. 136; opinion by Lurton, Circuit Judge, in Mass v. Lonstorf, 166 Fed. 41, 91 C. C. A. 627.

See Cassatt v. Mitchell Coal & Coke Co., 150...

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33 cases
  • Weiner v. Pictorial Paper Package Corp.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 13 Abril 1939
    ...from which an appeal could have been claimed and entered at once in this court. So much is settled beyond dispute. Real Property Co. Inc. v. Pitt, 230 Mass. 526, 120 N.E. 141;Hall Publishing Co. v. MacLaughlin, 230 Mass. 534, 120 N.E. 69;Matson v. Sbrega, 250 Mass. 138, 145 N.E. 35;Demers v......
  • Draper v. Town Clerk of Greenfield
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 25 Agosto 1981
    ...discretion of the trial court." Pollack v. Kelly, 372 Mass. 469, 476, 362 N.E.2d 525 (1977), quoting from Real Property Co. v. Pitt, 230 Mass. 526, 528, 120 N.E. 141 (1918). See Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945). Clearly, the judgment here, in its......
  • Weiner v. Pictorial Paper Package Corp.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 3 Mayo 1939
    ... ... been claimed and entered at once in this court. So much is ... settled beyond dispute. Real Property Co. Inc ... [303 Mass. 126] ... v. Pitt, 230 Mass. 526 ... Hall Publishing Co. v ... ...
  • Pollack v. Kelly
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 2 Mayo 1977
    ...appeal from an order of an Appellate Division that a case be retried in the District Court. That case was Real Property Co. v. Pitt, 230 Mass. 526, 527--529, 120 N.E. 141, 142 (1918), where the court said: 'The right to appeal directly to this court from the Appellate Division is created by......
  • Request a trial to view additional results

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