Wicker v. Vogel

Claiming to be the owner of certain real estate, the plaintiff and present appellant, Jack Wicker, seeks to eject the defendant and present appellee, Arthur Vogel, therefrom. In a bifurcated trial reserving the issue of damages, the district court entered judgment on the verdict determining that Wicker was entitled to possession of the premises. After Vogel’s motion for new trial was overruled, he appealed to this court. Because the judgment did not deal with the issue of damages, it did not dispose of all the material issues in the case and therefore was not a final order. Consequently, we…