Massachusetts Supreme Judicial Court, 1912

Oliver Ditson Co. v. Testa

Massachusetts Supreme Judicial Court · Decided November 25, 1912 · Rugg

213 Mass. 109; 99 N.E. 949; 1912 Mass. LEXIS 676

Cases that cite this one

2 later published cases cite this decision.

Zuccaro v. Nazzaro (Mass. 1914)
Farris v. St. Paul's Baptist Church (Mass. 1914)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Rugg, C. J.

This is an appeal from an order of the Superior Court overruling a plea in abatement. There has been no trial on the merits and no judgment. Hence the case is not properly *110here. It has been decided many times that this court has no jurisdiction to consider an appeal from any interlocutory decision until after judgment unless the judge reports the question. Cotter v. Nathan & Hurst Co. 211 Mass. 31, and cases cited. Cummings v. Ayer, 188 Mass. 292. Fay v. Upton, 153 Mass. 6. Shawmut Commercial Paper Co. v. Cram, 212 Mass. 108.

C. Toye, for the defendant. A. M. Schwarz & S. A. Dearborn, for the plaintiff.

Appeal dismissed.

The case was submitted on briefs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.