MACNEIL BROS. COMPANY vs. STATE REALTY COMPANY OF BOSTON, INC.

MACNEIL BROS. COMPANY vs. STATE REALTY COMPANY OF BOSTON, INC.

334 Mass. 706

June 8, 1956

Appeal dismissed with costs of this appeal to appellee. The plaintiff-appellant seeks to appeal from an order of the Superior Court denying its motion in that court to dismiss an appeal of the defendant-appellee. An order denying a motion to dismiss an appeal is neither an interlocutory nor a final decree, and is not appealable. Carilli v. Hersey, 303 Mass. 82 , 87-88. Medlinsky v. Premium Cut Beef Co. 320 Mass. 22 , 28. Thayer Co. v. Binnall, 326 Mass. 467 , 471.