United Drug Co. v. Cordley

The order on the first motion to dismiss was interlocutory, and, whether the question should be reported to this court before further proceedings were taken, was discretionary. R. L. c. 173, § 105, as amended. G. L. c. 231, § 111. And there being no statement in the record that the judge had reserved the case for report, the order he made cannot be revised under the report of the judge who subsequently heard and decided the second motion. Walters v. Jackson & Newton Co. 231 Mass. 247. The defendant’s appeal also cannot be considered, because there has been no final judgment in the trial…