Queen City Fire Ins. v. Basford
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by the Queen City Fire Insurance Company against O. S. Basford and others. From a judgment for plaintiff, defendants appeal. The commissioner of insurance is the officer of the state who is charged with the supervision of insurance' companies and whose duty it is to see that the laws of the state respecting insurance companies are faithfully executed. Sec. 153 and 154, Pol.
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Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by the Queen City Fire Insurance Company against O. S. Basford and others. From a judgment for plaintiff, defendants appeal. The commissioner of insurance is the officer of the state who is charged with the supervision of insurance' companies and whose duty it is to see that the laws of the state respecting insurance companies are faithfully executed. Sec. 153 and 154, Pol. Code of 1903. He is authorized to grant certificates of authority to fire insurance companies, and to revoke a certificate once granted. A…
1DissentWhiting, J.
I am unable to concur in the views expressed in the foregoing opinion. While it must.be presumed that the Legislature intended to pass only constitutional laws, and while it must be conceded that no statute passed by a Legislature should be declared unconstitutional unless it clearly and palpably conflicts with some provision of the Constitution, on the other hand, it must be conceded' — and as we read the foregoing opinion it is therein conceded — that, if the effect of the statute under consideration is an exemption from the payment of property faxes by those insurance companies who are…
2Cases cited10 opinions
- City of Austin v. CahillTexas Supreme Court · 1905
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- Ex Parte WoodsCourt of Criminal Appeals of Texas · 1908
- State v. SanteeSupreme Court of Iowa · 1900
- Diederich v. RoseIllinois Supreme Court · 1907
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