Holmes v. Tennessee Coal, Iron & Railroad

On Motion to Dismiss the Appeal.

The opinion of the court was delivered by

Breaux, J.

The appellants having furnished appeal bond, with the United States Fidelity and Guarantee Company as surety, signing per Macon & Emery, agents and attorneys in fact, the appellee moved, on a number of grounds, to dismiss the appeal.

The grounds are:

First — The act under which certain corporations are authorized to become sureties upon bonds is illegal, for the reason that the functions entrusted to the Secretary of State, directing him to inquire as to the solvency of these corporations, are judicial and not…