Cole v. State ex rel. Harris
Mississippi Supreme Court
From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state, suing on the relation of Garrard Harris, district attorney, appellee, was plaintiff in the court below; Cole, insurance commissioner, appellant, was defendant there.
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From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state, suing on the relation of Garrard Harris, district attorney, appellee, was plaintiff in the court below; Cole, insurance commissioner, appellant, was defendant there. From a judgment ordering the issuance of a'writ of mandamus directing Cole, insurance commissioner, to revoke the license to do business in the state previously granted by him to the Great Western Life Insurance Company the defendant appealed to the supreme court. The questions involved were: (1) Is the matter of the revocation of the…
1Opinion of the CourtWhitfield, C. J.
We are all clearly of the opinion that the income features of *648the policy under consideration operate an illegal discrimination, and %re violative of the provisions of our insurance statute. No amount of ingenuity can obscure the fact that such is the purpose, and such the effect, of these income feature clauses.
This proceeding, however, was begun by mandamus, and the prayer of the petition is that “ the commissioner of insurance be commanded to reconsider the policy and application of the insurance company, and to revoke and annul the license to do business in this state heretofore granted ”;…
2Cited by7 opinions
- Board of Sup'rs v. LeeMississippi Supreme Court · 1927
- New York Life Ins. Co. v. BolingMississippi Supreme Court · 1936
- City of Clarksdale v. HarrisMississippi Supreme Court · 1940
- State Ex Rel. v. LoucksWyoming Supreme Court · 1924
- Selig v. PriceMississippi Supreme Court · 1932
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