Caswell v. Comstock

Manning J.:

A motion is made in this case to dismiss the appeal on the ground that the decree appealed from is not a final decree. Our attention was called by opposing counsel to the phraseology of the statute, which allows an appeal from “the decree or final order” — the word “final” being nsed in connection with “order,” and not “decree.” All decrees *395are, like judgments at law, either interlocutory or final; the latter when they are the final determination of the court on the rights of the parties, and the former when they are auxiliary only to the final determination. And when the Avord…