Heywood

Plaintiff and respondent moves to dismiss an appeal by defendant from an alleged nonappealable order. The action is one for a partnership accounting after voluntary dissolution, appointment of a receiver, and determination of all property rights of the interested parties. After findings made the trial court entered an “Amended Interlocutory Decree” in which it was adjudged that an accounting be had, fixing the interests of the parties in “three particular matters "of the firm’s copartnership business in controversy”, and finally determining and setting out each one with particularity and the amounts each party is to pay in the accounting, but, as to “ unfinished business of said firm which has yet to be concluded before a final accounting may be had” the court reserved these matters “until such time and after such proceedings had that the court can make a final determination hereof and a final decree herein”. Payment by either of the parties of any money, except as in the decree provided, is directed to 11 await the further order of the court”.

We cannot escape the conviction that the decree as entered was not intended to be, and is not, a 'final decree. The plain reading of the…