200 N.E. 430 | Ind. Ct. App. | 1936
An examination of the record in this cause discloses that no final disposition of the same has been made in the court below. Issues were formed on a complaint filed by appellant against all appellees, and on two cross-complaints, one filed by appellees Mart J. O'Malley and Claude Cline, the other by appellees Robert R. McNagny and Phil M. McNagny. After the closing of the issues, the cause was submitted to a jury for trial, and the only verdict returned is as follows:
"We, the jury, find for the defendants George R. Pasko, Trustee, George R. Pasko, William F. Pasko, Gusta Pasko, Laura E. Pasko, and Sarah R. Pasko."
Judgment was rendered on this verdict in favor of the defendants named therein, who constitute only a part of the defendants to the complaint, and against the plaintiff (appellant) that he take nothing by his action, and that the said defendants recover of appellant their costs. It is from this judgment that appellant appeals.
The right to appeal is of statutory origin. It is a remedy given by statute and not a vested right. Collins v. Laybold
(1914),
No final judgment disposing of all the issues as to all the parties involved in the controversy presented by the pleadings having been rendered in this cause, this court is without 3. jurisdiction other than to dismiss the appeal.
Appeal dismissed.