Opinion

Arico v. Gushee

  • 134 Me. 495
  • 182 A. 921
  • 1936 Me. LEXIS 72
Court
Supreme Judicial Court of Maine
Filed
Jan 27, 1936
Status
Published
Cited by
0 cases

The 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 this court.

Charles A. Perry, for plaintiff. Montgomery & Gillmor, for defendants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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