
    Wisconsin Lumber and Coal Company v. Wall et al.
    [No. 12,349.
    Filed May 19, 1926.]
    
      Appeal.—Judgment which does not. show any disposition of cross-complaint is not. “final judgment” from which appeal can be taken.—A judgment for the plaintiff in an action to foreclose a mechanic’s lien, in which a defendant filed a cross-complaint to foreclose a mortgage, is not a “final judgment” from which an appeal can be 'taken where the record does not show any disposition of the cross-complaint.
    From Lake Superior Court; Virgil S. Reiter, Judge.
    Action by the Wisconsin Lumber and Coal Company against Frank G. Wall and others, in which the American State Bank filed a cross-complaint. From the judgment rendered, the plaintiff appeals. Appeal dismissed. By the court in banc.
    
      Fred Barnett and John D. Kennedy, for appellant. Abe Ottenheimer, Ibach, Gavit, Stinson & Gavit and Jesse Wilson, for appellees.
   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.  