Opinion
No. 15,214.
Decided November 9, 1942.
An action for damages for personal injuries. Motion of defendant to dismiss, sustained, but no final order entered.
On Application for Supersedeas. Writ of Error Dismissed.
1. APPEAL AND ERROR — No Final Judgment — Dismissal. Where the record discloses only the sustaining of a motion to dismiss the action without the entry of any order of dismissal, no "matter reviewable" being presented, the writ of error will be dismissed.
Error to the District Court of Lake County, Hon. William H. Luby, Judge.
Mr. ALBERT B. LOGAN, for plaintiff in error.
No appearance for defendant in error.
THIS matter is before us on an application for supersedeas which is accompanied by a request for oral argument on the hearing of the application.
Examining the record, we find that the last court order is merely one sustaining the motion of defendant Pete Viettie, "To dismiss the action because the amended complaint fails to state a claim against defendant upon which relief can be granted." In the same order plaintiff was granted fifteen days to elect between stated alternatives. The record does not disclose any election or the entry of a final order of dismissal; consequently under rule 111 (a) (1) of our Rules of Civil Procedure, the record before us does not present a "matter reviewable" for our consideration.
Writ of error dismissed.