The defendant’s motion to dismiss is allowed. This is an action of tort in the Superior Cotirt against the sheriff of Suffolk County for false return. Orders were entered declining to hear motions for hearings and for assignment for trial. The plaintiff appealed. The appeals will not lie. There is no “ order decisive of the case founded upon matter of law. apparent on the record,” or any other ground for which an appeal is authorized by G. L. (Ter. Ed.) c. 231, § 96.