Indiana Court of Appeals, 1905

Bozarth v. McIntyre

Bozarth v. McIntyre
Indiana Court of Appeals · Decided November 28, 1905 · Myers
36 Ind. App. 567; 76 N.E. 317; 1905 Ind. App. LEXIS 222

Bozarth v. McIntyre

Opinion of the Court

Myers, J.- —

-In this State appeals to the Supreme and Appellate Courts can only be taken from a final judgment. Keller v. Jordan (1897), 147 Ind. 113; Home, etc., Power Co. v. Globe Tissue Paper Co. (1896), 145 Ind. 174; City of Jeffersonville v. Tomlin (1893), 7 Ind. App. 681.

Unless the record on appeal discloses a final judgment, the appeal will not be entertained. City of Jeffersonville v. Tomlin, supra; Chicago Horseshoe Co. v. Gostlin (1903), 30 Ind. App. 504; Stephenson v. Gillaspie (1899), 23 Ind. App. 187. The record in this cause 'contains a copy of the instructions submitted to the jury, and by the bill of exceptions it is asserted that the instructions were applicable to the evidence in the cause. The instructions ■are virtually all that the record contains. There is nothing in the record showing a final disposition of the cause in the lower court. This omission is fatal to this appeal.

Appeal dismissed.

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