Arico v. Gushee
This text of 182 A. 921 (Arico v. Gushee) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The court below, by its decree here appealed from, sustained a general demurrer to the plaintiff’s bill in equity but made no final decree.
In this State, an appeal may be taken from an interlocutory decree in a cause in equity, but such appeal does not suspend any proceedings in the cause “and shall not be taken to the Law Court until after final decree.” R. S. (1930), Chap. 91, Sec. 55.
The decree in equity in the case at bar, sustaining a demurrer and doing nothing more, is interlocutory and prematurely presented on this appeal. Masters v. Van Wart, 125 Me., 402; Worcester Board of Health v. Tupper, 210 Mass., 380. Appeal dismissed from [496]*496this court.
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Cite This Page — Counsel Stack
182 A. 921, 134 Me. 495, 1936 Me. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arico-v-gushee-me-1936.