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Acushnet Hospital Association v. Town of Acushnet

Supreme Judicial Court of Massachusetts
Oct 29, 1945
318 Mass. 781 (Mass. 1945)

Opinion

October 29, 1945.

G.H. Young, for the plaintiff.

F.F. Resendes, for the defendant, submitted a brief.


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.


Summaries of

Acushnet Hospital Association v. Town of Acushnet

Supreme Judicial Court of Massachusetts
Oct 29, 1945
318 Mass. 781 (Mass. 1945)
Case details for

Acushnet Hospital Association v. Town of Acushnet

Case Details

Full title:ACUSHNET HOSPITAL ASSOCIATION vs. TOWN OF ACUSHNET

Court:Supreme Judicial Court of Massachusetts

Date published: Oct 29, 1945

Citations

318 Mass. 781 (Mass. 1945)
63 N.E.2d 334

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