Acushnet Hospital Ass'n v. Town of Acushnet

The papers transmitted to this court were improperly transmitted and must be struck from the files of this court. 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 ordered. The plaintiff claimed an appeal to this court and the appeal was entered in this court. This appeal was dismissed. The court said, “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…