Grey

This is a motion by the plaintiff to dismiss an appeal taken by the defendant from an interlocutory decree for an accounting, upon the ground that such decree is not appealable.

It is alleged in the complaint that the defendant, while acting as attendant physician of the plaintiff, by various false representations and by abuse of the confidence reposed in him, induced the plaintiff to place in his hands a large sum of money for the purpose of safe-keeping, and upon a promise that he would deposit the money in plaintiff’s name; that in violation of his promise he made the deposit in his own name and afterwards withdrew the money and conceals the disposition he has made of it; that he is without means, etc.

The answer of the defendant denies all the allegations of misrepresentation, and alleges that the plaintiff by an instrument in writing had sold, assigned, transferred, and set over to him said sum of money, whefeby he became the owner of the same in his individual right, free, and clear of any claim thereon by plaintiff.

Upon these issues the case came to trial, and the evidence on the part of the plaintiff relating to the allegations of fraud was heard. When the plaintiff…