The Homesteaders v. McCombs, Ins. Com'r.
Supreme Court of Oklahoma
Original proceeding by an agreed statement oí facts under Wilson’s Bev. & Ann. St. 1903, § 4717, by The Homesteaders for a writ of mandamus against T. J. McCombs, Insurance Commissioner.
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Original proceeding by an agreed statement oí facts under Wilson’s Bev. & Ann. St. 1903, § 4717, by The Homesteaders for a writ of mandamus against T. J. McCombs, Insurance Commissioner. It is stipulated in this court: That said action is begun herein for the reason that one of the parties is a state officer and the insurance commissioner in charge of the insurance commission or state department, and that the controversy involved is one of public interest and concerns all of the counties of the state. That The Homesteaders, the plaintiff, is a fraternal beneficiary association incorporated…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). This proceeding was begun under section 4717 (art. 21, § 519), Wilson’s Rev. & Ann. St. 1903, which provides that:
“Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the -facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear…
2Cases cited50 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
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3Cited by31 opinions
- State Ex Rel. v. Cobb, County JudgeSupreme Court of Oklahoma · 1909
- Jarman v. MasonSupreme Court of Oklahoma · 1924
- In Re Assessment of Kansas City Southern Ry. Co.Supreme Court of Oklahoma · 1934
- State v. RossSupreme Court of Oklahoma · 1919
- State Ex Rel. Nesbitt v. FordSupreme Court of Oklahoma · 1967
26 more not listed; retrieve them via the Exa API.