Opinion
Claude A. Johnson, Hamilton, Paul E. Hoffmann, William Sternhagen, Glasgow, for appellant.
Francis Gallagher, Robert Hurly, Glasgow, for respondent.
PER CURIAM.
Because of conflicting claims to the distributive share of one Jack McLeod in the Estate of Fred Meyer, Deceased, the executor commenced this action and deposited the distributive share with the court and the various conflicting claimants presented their claims by stipulation and the case was submitted to the court, sitting without a jury. Findings of Fact and Conclusions of Law were made on August 9, 1963, and Judgment and Decree entered on August 19, 1963. On August 22, 1963, the defendant bank made a motion to amend the findings of fact and conclusions of law, which motion was denied by order of November 14, 1963. The defendant bank then appealed from the November 14, 1963, order. Transcript on appeal has been filed in this court but no bill of exceptions has been prepared, settled or allowed.
The defendant Taylor-Smith, Inc., a corporation, Joe A. Stremcha and Elmo V. Stremcha, and Erlene McLeod, have filed in this court a motion to dismiss the appeal on the ground that the order appealed from is not an appealable order and that no bill of exceptions has been made or settled, and have further filed a certificate of the Clerk of the District Court stating that the deposit of money which was the subject of the action was paid out pursuant to the judgment and decree on August 20, 1963, and that a marginal satisfaction of the judgment has been made in the official records of that office.
It appearing that the motion to dismiss is well taken and should be granted, it is hereby ordered that this appeal be, and it is hereby, dismissed.