Opinion
June 8, 1956.
Angus M. MacNeil, for the plaintiff.
Phillip Cowin, for the defendant.
Appeal dismissed with costs of this appeal to appellee. The plaintiff-appellant seeks to appeal from an order of the Superior Court denying its motion in that court to dismiss an appeal of the defendant-appellee. An order denying a motion to dismiss an appeal is neither an interlocutory nor a final decree, and is not appealable. Carilli v. Hersey, 303 Mass. 82, 87-88. Medlinsky v. Premium Cut Beef Co. 320 Mass. 22, 28. Thayer Co. v. Binnall, 326 Mass. 467, 471.