Tandy v. Pecan Shoppe of Minden

QUA, Justice. Plainly this cause is not properly before us in accordance with the pertinent statutes. It is a bill in equity to enforce for the plaintiffs benefit certain provisions of the fair trade law, G.L.(Ter.Ed.) c. 93, 14A to 14C, inserted by St. 1937, c. 398, as amended. An attempt is made to bring the case here upon a report of a Judge of the Superior Court. The report recites that the cause came on to be heard after a Judge of the Superior Court other than the Judge who made the report and overruled a demurrer to the bill; that upon hearing arguments of counsel the Judge making the so-called report because of the opinion that the questions raised by the demurrer so affect the merits of the controversy that the matters ought to be determined by the Supreme Judicial Court before further proceedings in this court; and that he therefore reports the questions raised by the demurrer and stays all further proceedings, except such as may be necessary to preserve the rights of the parties.