Legal Opinion

People ex rel. Secretary of State v. State Insurance

Michigan Supreme Court

Decided October 28, 1869PublishedCited by 29 opinions

Mandamus: Oliver L. Spaulding, Secretary of .State, makes application for a writ of mandamus, to compel the State Insurance Company to submit their affairs to an examination, as provided by §26 of the act relative to the organization and powers of-fire and marine insurance companies transacting business within the State, approved April 3, 1869. Laws of 1869 p. 280.

1Opinion of the Court

Cooley Ch. J.

The present is an application on behalf of the Secretary of State to compel the defendants to submit to such an examination of their books and affairs as is contemplated by Section twenty-six of “ an act relative to the organization and powers of fires and marine insurance Companies transacting business within this State.” Laws of 1869 Vol. 1 p. 230. The defendants resist the application on the grounds:

1. That mandamus is not a proper remedy for such a case, but that the State, if they refuse to comply with any *394provision of their charter or with any statutory regulation, must…

2Cases cited2 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Indiana Central Railway Co. v. PottsIndiana Supreme Court · 1856

3Cited by29 opinions

  1. Advisory Opinion Re Constitutionality of 1972 PA 294Michigan Supreme Court · 1973
  2. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  3. Breitung v. LindauerMichigan Supreme Court · 1877
  4. People ex rel. Connecticut Mutual Life Insurance v. State TreasurerMichigan Supreme Court · 1875
  5. In re Open & Widen Willis AvenueMichigan Supreme Court · 1885

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