Henderson v. Wyatt

The opinion of the Court was delivered by

Willard, A. J.

The order appealed from was made by the Circuit Court, and its whole object was to allow an appeal from a decree made by the Probate Court, said appeal having been-denied by the Probate Court upon the ground that it had not been taken in time. The order is not appealable as it does not involve the merits of the case. The Code, Section 11, as amended November 25, 1873, (15 Stat., 495,) authorizes appeals to the Supreme Court from any “ intermediate judgment, order or decree involving the merits in actions commenced in the Court of Common…