Masters v. Van Wart

Procedure. The court below by its decree, appealed from, sustained a demurrer to the plaintiff's bill in equity and dismissed the bill.

In this State, contrary to the rule prevailing in some jurisdictions, (Whitehouse, Vol. 1, Page 850) an appeal may be taken from an interlocutory decree in an equity cause. R. S., Chap. 82, Sec. 24. 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., Chap. 82, Sec. 24.

A decree in equity overruling or sustaining a demurrer and doing nothing more, is interlocutory…