Walden v. S. M. Whitney Co.

Atkinson, Justice.

(After stating the foregoing facts.) A motion was filed in this court by Whitney Company to dismiss the writ of error, on the ground that M. C. Barwick, one of the original defendants in the trial court, and a defendant in error when the case was previously before the Supreme Court, is not named a defendant in error, and that Barwick is interested in sustaining the judgment taxing costs against Mrs. Walden, since any judgment for costs in favor of Mrs. Walden would be a charge against both of the original defendants in error.

There is no merit in the motion to dismiss the…