Phelps v. Mutual Reserve Fund Life Ass'n
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. This is an appeal from a decree continuing an interlocutory injunction. The case is briefly this: The appellee, the Mutual Reserve Fund Life Association, is a corporation organized under the laws of the state of New York.
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Appeal from the Circuit Court of the United States for the District of Kentucky. This is an appeal from a decree continuing an interlocutory injunction. The case is briefly this: The appellee, the Mutual Reserve Fund Life Association, is a corporation organized under the laws of the state of New York. For many years it solicited insurance in the state of Kentucky, having complied with the law of that state in respect of the conditions upon which foreign insurance companies are permitted to do business in the state. As preliminary to being licensed, its board of directors passed a resolution…
1Opinion of the CourtBurton, Circuit Judge
i. The judgment in favor of appellant James S. Phelps, and against the appellee, the Mutual Reserve Fund Bife Association, has been assailed because it is said that the Jefferson county circuit court did not obtain jurisdiction by the service of process upon Ben Frese as 'a local agent, or by the service upon the Kentucky commissioner of insurance. But the association appeared in the Jefferson court for the very purpose of putting in issue the sufficiency of that service. The determination of the issue thus .made up involved questions of law and fact. The judgment of the state court contains…
2Cases cited41 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Covell v. HeymanSupreme Court of the United States · 1884
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- Marshall v. HolmesSupreme Court of the United States · 1891
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3Cited by27 opinions
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- Aldrich v. SteenNebraska Supreme Court · 1904
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