Merchants Southwest Fireproof Warehouse Co. v. Johnston

PER CURIAM. This case is appealed by transe,ript from the district court of Oklahoma county. This is an action to foreclose a chattel mortgage. There appears in the record the following recital copied from the clerk's minutes: “At this time this case was called and jury all present and further hearing -resumed; both sides rest and 'defendant demurs to entire evidence of plaintiff and moves the court to direct verdict for defendant ; plaintiff moves to dismiss cause of action and amendment thereto without prejudice, to which the defendant objects and motion to 'dismiss sustained; exceptions allowed. Demurrer of defendant and motion for directed verdict overruled; defendant excepts; defendant moves to dismiss its cross-petition without prejudice; motion sustained; plaintiff moves for judgment on his amended petition for foreclosure of chattel mortgage to satisfy judgment in cause No. 43732; defendant objects; motion sustained and judgment rendered as per J. E. to which defendant excepts and gives notice of appeal and cleric is directed to enter same oin trial docket. ” This recital 'does not constitute a judgment, and there being no judgment of the trial court in the record, this court has no *147 jurisdiction to review the case on appeal. Schuck v. Moore, 48 Okla. 533, 150 Pac. 461; Negin v. Picher Lumber Co., 77 Okla. 285, 186 Pac. 205; Lillard v. Meisberger, 113 Okla. 228, 240 Pac. 1067. The appeal is dismissed.