Parker, Clerk v. State ex rel. Powell

— The Attorney General moves to dismiss this appeal, on the ground that the suit is fictitious and collusive. All the parties to the original litigation have filed affidavits and answers, resisting the motion, denying collusion and asserting that the controversy is real. The appellee also files a motion to strike out the motion of the Attorney General to dismiss, and to vacate the order permitting his appearance.

We find nothing in the record, or in the showing made by the Attorney General, sufficient to authorize a dismissal. The complaint questions the validity of two acts of the…