
    Argueji 31 January,
    decided 27 March, 1905.
    THORNBURG v. GUTRIDGE.
    80 Pac. 100.
    Appealable Order — Entering Findings.
    1. An order entering findings of fact and a conclusion that one of the parties is entitled to a certain judgment is not a final order under Section 547 of B. & C. Comp.
    Action by Court Sua Sponte — Dismissing Appeal.
    2. Where it appears that the court has not jurisdiction over a cause, as, because the appeal has been taken from an intermediate order, it should dismiss the proceeding on its own motion, though the objection is not urged.
    ■From Grant: Morton D. Clifford, Judge.
    Proceedings supplementary to execution by Grant Thornburg against G. H. Gutridge. From a judgment for plaintiff, defendant appeals.
    Dismissed.
    For appellant there was a brief and an oral argument by Mr. A. D. Leedy.
    
    For respondent there was a brief and an oral argument by Mr. Patrick J. Bannon.
    
   Per Curiam.

This appeal is from certain findings of fact and a conclusion of law rendered in a proceeding supplementary to execution, upon which no final order or judgment was ever given or entered. For a sufficient statement of the facts, see State ex rel. v. Gutridge, 46 Or. 215 (80 Pac. 98), where they are set out and their effect determined. The appeal is prosecuted by the defendant, but it cannot be maintained, because not from a final order affecting a substantial right: B. & C. Comp. § 547. The circuit court did not proceed far enough. It has made its findings, but has omitted the essential feature that affords the requisite basis for an appeal, namely, the judgment or final order. While the proceeding is thus suspended, no appeal will lie.

The point was not made at the hearing, nor was a dismissal of the appeal urged' on account of it, but is so apparent from a mere inspection of the reeord that this court will direct a dismissal upon its own motion.

An order will therefore be entered accordingly.

Appeal Dismissed. ^  