Phenix Ins. Co. of Brooklyn v. Perkins
South Dakota Supreme Court
Appeal from circuit court,. Davison county; Hon. Frank B. Smith, Judge. Suit by the Phenix Insurance Company of Brooklyn, N. Y., and others against John C. Perkins, Commissioner of Insurance, From an order refusing a temporary injunction, plaintiffs appeal.
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Appeal from circuit court,. Davison county; Hon. Frank B. Smith, Judge. Suit by the Phenix Insurance Company of Brooklyn, N. Y., and others against John C. Perkins, Commissioner of Insurance, From an order refusing a temporary injunction, plaintiffs appeal. Under a constitution like ours which grants to the legislative department all legislative power, the commissioner of ,in: surance could not be clothed with power either alone, or in con junction with the attorney general, to prepare a policy of insurance, which without examination or ratification by the legislature itself, was to bind the…
1Opinion of the CourtHaney, J.
This action was instituted by certain foreign fire insurance corporations transacting business in this state to restrain the defendant, as Commissioner of Insurance,, from making-any change in the form of the standard policy. The appeal is from an order refusing a temporary injunction.'
The grounds assigned by the learned circuit court for its refusal to restrain the defendant during the litigation are: (1) The amended complaint does not state facts sufficient to constitute a cause of action; and (2) the plaintiffs have no legal ca*63pacity tu sue or to obtain the relief sought, because they are…
2Cases cited10 opinions
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
- Anderson v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1894
- Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
- Champion v. Board of County Commissioners of Minnehaha CountySupreme Court Of The Territory Of Dakota · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chas. Uhden, Inc. v. GreenoughWashington Supreme Court · 1935
- King v. Concordia Fire-InsuranceMichigan Supreme Court · 1905
- Scottish Union & National Insurance v. Phoenix Title & Trust Co.Arizona Supreme Court · 1925
- Sheehan v. Morris IrrigationSouth Dakota Supreme Court · 1987
- St. Charles State Bank v. WingfieldSouth Dakota Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.