250 Mass. 138 | Mass. | 1924
This case originated in the First District Court of Northern Worcester. Rulings of law made at the trial were reported for review. The Appellate Division of the Western District reversed one of those rulings and ordered that a new trial be had of the whole case. The plaintiff appealed from that decision and has entered the appeal in this court without awaiting the result of the new trial in the district court thus ordered by the Appellate Division.
The case is entered prematurely in this court. There must be a final and complete decision upon the merits of the whole controversy, so that, if there should be affirmance here, the district court would have nothing to do but to execute the judgment rendered. An order by the Appellate Division, if equivalent to a final settlement of the controversy, even though contrary to the decision of the judge of the district court, is sufficient basis for immediate entry of appeal in this court; Loanes v. Gast, 216 Mass. 197, 199,
Appeal dismissed.