OPINION

This cause is before this court upon appeal on questions of law.

The record discloses that a verdict in favor of the plaintiff was returned by the jury on January 9, 1936; that a motion for a new trial was filed on January 10, 1936; *431and that on January 5, 1937, an entry was made upon the journal oí the court, purported'y rendering judgment for the plaintiff in the amount of $1500.

We hold that said latter document did not accomplish the entry of a valid judgment because, at the time it was filed, the trial court had not overruled the motion for a new trial, as required by §11599, GC, and hence was without authority to enter judgment (Boedker v W. E. Richards Co., 124 Oh St 12); that said purported entry did not attempt to enter judgment for the amount of the verdict returned by the jury, but for a lesser amount, and the judgment attempted to be entered was conditioned •upon the acceptance of a remittitur by plaintiff — in which event, the entry provided, '“said motion for a new trial shall be overruled.”

It follows that if there was no entry of a valid judgment in this case, the matter is now pending in the Common Pleas Court awaiting disposition of the motion for a new trial,

and there is no final order from which an appeal may properly be taken to this court.

The appeal is therefore dismissed.