State ex rel. Phillips v. Fidelity & Casualty Co.
Supreme Court of Iowa
Appeal from Pol7c District Court. — Hon. Josiah Given, Judge. The defendant .company is a corporation organized and existing under the laws of the state of New York.
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Appeal from Pol7c District Court. — Hon. Josiah Given, Judge. The defendant .company is a corporation organized and existing under the laws of the state of New York. It has received from the auditor of this state a certificate under the provision of the law as to insurance companies, and is doing business in this state in the following classes or lines of insurance: (1) Against injury, disablement or death of persons, resulting from traveling, or general accidents by land or water; (2) the fidelity of persons holding places of public or private trust; (3) upon plate-glass, against breakage;…
1Opinion of the CourtGranger, J.
1. insurance ' company:aobusiness: rem-I. The first question presented by the demurrer goes to the jurisdiction of the court, on g’r°und that certiorari, and not quo warranto, is the plaintiff’s remedy. The argument is upon the theory that the act of the auditor in granting the certificate is quasi judicial, and that this proceeding, in effect, is to review his action. Without reference to the point in argument as to the office of the common-law writ of quo warranto, we think the statute is conclusive of the question. The writ of certiorari is permitted whenever specially authorized by law,…
2Cases cited6 opinions
- Phœnix Insurance v. WelchSupreme Court of Kansas · 1883
- Home Insurance Co. v. SwigertIllinois Supreme Court · 1883
- Darling v. BoeschSupreme Court of Iowa · 1885
- Jordon v. HayneSupreme Court of Iowa · 1872
- Smith v. PowellSupreme Court of Iowa · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State ex rel. Cates v. Standard Oil Co. of KentuckyTennessee Supreme Court · 1907
- State v. Insurance Co. of North AmericaNebraska Supreme Court · 1904
- McGinnis v. SeibertSupreme Court of Oklahoma · 1913
- State ex rel. Harmis v. AlexanderSupreme Court of Iowa · 1906
10 more not listed; retrieve them via the Exa API.