151 N.E. 830 | Ind. Ct. App. | 1926
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),
Appeal dismissed.