Wisconsin Lumber & Coal Co. v. Wall

151 N.E. 830, 84 Ind. App. 642, 1926 Ind. App. LEXIS 58

• Court: Indiana Court of Appeals
• Decided: May 19, 1926
• Docket: No. 12,349.
• Status: Published

Opinion

Thompson, J.

Appellant brought this action to foreclose a mechanic’s lien against certain described real estate. Appellee American State Bank filed a cross-complaint asking judgment against the Oswegos, and a foreclosure of a mortgage as to all parties to the action. There was a demurrer to the cross-complaint, which was overruled. The court rendered judgment for appellant in the sum of $7,300, but refused a foreclosure as to the mechanic’s lien, and rendered a judgment for costs for all appellees except the American State Bank, and the Oswegos. The judgment is silent as to the cross-complaint, and, so far as the record in this case shows, the cross-complaint is still pending.

There is no final judgment from which to appeal, and this court has no jurisdiction. Champ v. Kendrick, Trustee (1892), 130 Ind. 545, 30 N. E. 635 ; Keller v. Jordan (1897), 147 Ind. 113, 46 N. E. 343 ; Barnes v. Wagener (1907), 169 Ind. 511, 82 N. E. 1037 ; State, ex rel., v. Jacobs (1921), 76 Ind. App. 563, 132 N. E. 649.

Appeal dismissed.