Merchants Southwest Fireproof Warehouse Co. v. Johnston

1925 OK 782, 239 P. 1116, 113 Okla. 146, 1925 Okla. LEXIS 926

• Court: Supreme Court of Oklahoma
• Decided: September 29, 1925
• Docket: 16727
• Status: Published

Opinion

PER CURIAM.

This case is appealed by transe,ript from the district court of Oklahoma county. This is an action to foreclose a chattel mortgage. There appears in the record the following recital copied from the clerk's minutes:

“At this time this case was called and jury all present and further hearing -resumed; both sides rest and 'defendant demurs to entire evidence of plaintiff and moves the court to direct verdict for defendant ; plaintiff moves to dismiss cause of action and amendment thereto without prejudice, to which the defendant objects and motion to 'dismiss sustained; exceptions allowed. Demurrer of defendant and motion for directed verdict overruled; defendant excepts; defendant moves to dismiss its cross-petition without prejudice; motion sustained; plaintiff moves for judgment on his amended petition for foreclosure of chattel mortgage to satisfy judgment in cause No. 43732; defendant objects; motion sustained and judgment rendered as per J. E. to which defendant excepts and gives notice of appeal and cleric is directed to enter same oin trial docket. ”

This recital 'does not constitute a judgment, and there being no judgment of the trial court in the record, this court has no jurisdiction to review the case on appeal. Schuck v. Moore, 48 Okla. 533, 150 Pac. 461; Negin v. Picher Lumber Co., 77 Okla. 285, 186 Pac. 205; Lillard v. Meisberger, 113 Okla. 228, 240 Pac. 1067.

The appeal is dismissed.