Edward Douglass White, Ex parte Dante — Opinion of the Court
“ In the court of appeals counsel for Bagby moved to dismiss the appeal taken in the name of Hutchins because 'futile;' and to dismiss the appeal taken in the name of collector Dante, on the ground that if it was from the judgment, it was too late, and if from the order refusing to vacate the judgment, that order was not appealable. The hearing of the motion was postponed to the merits. ”
