(concurring): I concur in the judgment, but for myself I cannot refrain from taking note of the fact that defendant is held out to the public by the certificate of this court as an attorney at law; and I regret that this court does not have authority like the supreme court of the United States to impose a fine on a litigant for bringing a vexatious and groundless appeal (Midland Valley R. R. Co. v. Griffith, Admx., 245 U. S. 633). Assuredly this would be a proper case to apply it.