Wisconsin Lumber & Coal Co. v. Wall

Indiana Court of Appeals

Wisconsin Lumber & Coal Co. v. Wall

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

Indiana Court of Appeals·Decided May 19, 1926·No. No. 12,349.·Published·Cited by 6 cases

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, *643 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.

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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, *643 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.

Wisconsin Lumber & Coal Co. v. Wall, 151 N.E. 830, 84 Ind. App. 642, 1926 Ind. App. LEXIS 58 (Ind. Ct. App. 1926).

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