Dalmon Davis, District Director of Internal Revenue, and I. W. Spillers, Revenue Officer v. Mrs. Bertha S. Birdsong

(dissenting) .

An examination of the record plainly showing that the court is without jurisdiction to consider and determine the matters discussed in the opinion of the majority, I dissent from the opinion undertaking to do so.

The only order entered in the cause was the one of July 11, 1959, at page 28 of the Record, “temporarily and until further order of this court” restraining and enjoining “from proceeding further * * * ” The only appeal by anyone is that filed August 5, 1959, by respondents, appearing at pp. 28-29 of the record:

“Notice of appeal

“Now comes Frank 0. Evans and John C. Bracy,…