Acushnet Hospital Ass'n v. Town of Acushnet
This text of 63 N.E.2d 334 (Acushnet Hospital Ass'n v. Town of Acushnet) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal dismissed. This action of contract was brought in a District Court. There was a finding for the plaintiff. Upon a report to the Appellate Division the finding was vacated and a new trial for the assessment of damages ordered. The plaintiff claimed an appeal and the appeal has been entered in this court. The decision of the Appellate Division was not a “final decision” from which alone an appeal to this court lies. A new trial must be had before the case can be brought here. The appeal must be dismissed. G. L. (Ter. Ed.) c. 231, § 109. Real Property Co. Inc. v. Pitt, 230 Mass. 526. Demers v. Scaramella, 252 Mass. 430. Cunniff v. Cleaves, 288 Mass. 325. Robinson v. Wm. Brown & Sons Co. 301 Mass. 316. Weiner v. Pictorial Paper Package Corp. 303 Mass. 123, 125-126.
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Cite This Page — Counsel Stack
63 N.E.2d 334, 318 Mass. 781, 1945 Mass. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acushnet-hospital-assn-v-town-of-acushnet-mass-1945.