Legal Opinion
Patrick v. Mikolaitis
Massachusetts District Court, Appellate Division
Decided December 4, 1961No. 5543; No. 393PublishedCited by 12 opinions
1Opinion of the CourtEno, J.
This is a petition to establish report, a claim for one having been dismissed by the trial judge.
First, this petition is premature since there is no appeal to an Appellate Division until the case is otherwise ripe for judgment. Daniels v. Cohen, 249 Mass. 362, 365.
Interlocutory and non-determinative rulings may be reported only by the trial judge as permitted by G. L. (Ter. Ed.) c. 231, §108.
Counsel for the defendant has argued that a demurrer, even when overruled is not .an interlocutory matter and may be appealed. We do not agree with that contention. It is only when a demurrer is sustained…
2Cases cited8 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
- Daniels v. CohenMassachusetts Supreme Judicial Court · 1924
- Murray v. Edes Manufacturing Co.Massachusetts Supreme Judicial Court · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Microsonics, Inc. v. Comrex Corp.Massachusetts District Court, Appellate Division · 1968
- Hart v. KeoveneyMassachusetts District Court, Appellate Division · 1980
- Nonantum Lumber Co. v. DepamphilisMassachusetts District Court, Appellate Division · 1981
- Cohn v. CavalleranoMassachusetts District Court, Appellate Division · 1980
- Dufresne-Henry v. John R. Murphy Engineering Corp.Massachusetts District Court, Appellate Division · 1980
7 more not listed; retrieve them via the Exa API.