Prewitt v. Security Life Ins.
Court of Appeals of Kentucky
Case 41 — Action by the Security Mutual Life Ins. Co. and by the Travelers Ins. Co. Against Henry R. Prewitt, Insurance Commissioner, for an Injunction Compelling Him to Revoke an Order Suspending Their License to Transact Business in This State. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION NO. 2 — THOS. R. GORDON, judge. Judgment for Plaintiff in First Suit. Defendant Appeals. Judgment for Dependant in Second Suit. Plaintiff Appeals.
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Case 41 — Action by the Security Mutual Life Ins. Co. and by the Travelers Ins. Co. Against Henry R. Prewitt, Insurance Commissioner, for an Injunction Compelling Him to Revoke an Order Suspending Their License to Transact Business in This State. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION NO. 2 — THOS. R. GORDON, judge. Judgment for Plaintiff in First Suit. Defendant Appeals. Judgment for Dependant in Second Suit. Plaintiff Appeals. POINTS AND AUTHORITIES. 1. An injunction against a State officer threatening action under an unconstitutional statute is maintainable where…
1Dissent
Dissenting opinion of
Judge Barker:
Believing that the conclusion reached by the majority of the court in these cases can not be justified either by reason or upon authority, I feel it my duty to present my views in a dissenting opinion. I do this with great modesty and with great reluctance' — the first, from solicitude lest I fail to do justice to the importance of the subject, and the second, from my disinclination to differ from the opinions of those whose attainments I hold in so high esteem.
The question presented 'by these records is whether a State may enact a valid law, which shall…
2Cases cited6 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Doyle v. Continental InsuranceSupreme Court of the United States · 1877
- Barron v. BurnsideSupreme Court of the United States · 1887
- Commonwealth v. East Tennessee Coal Co.Court of Appeals of Kentucky · 1895
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