133 Mass. 554 | Mass. | 1882
The rule of law is well settled that, in cases pending in the Superior Court, questions of law arising therein cannot be entered and heard in this court, upon appeal or exceptions, until after final judgment in the Superior Court. Until such final judgment, this court has no jurisdiction to hear and determine the questions of law. Platt v. Justices of the Superior Court, 124 Mass. 353. Kellogg v. Kimball, 122 Mass. 163. Gifford v. Rockett, 119 Mass. 71. Harding v. Pratt, 119 Mass. 188. Crompton Carpet Co. v. Worcester, 119 Mass. 375. Hogan v. Ward, 117 Mass. 67. Marshall v. Merritt, 13 Allen, 274.
This rule applies to the case at bar. It is a petition for partition, upon which judgment for partition was rendered at a former term, and commissioners to make partition were
Exceptions dismissed.