Legal Opinion

Idaho Mutual Co-operative Insurance v. Myer

Idaho Supreme Court

Decided July 1, 1904PublishedCited by 8 opinions

ORIGINAL action in this court. Application for a writ of mandate. The fact that an act classifies persons who may form a corporation, or the purposes for which corporations may be formed, or the corporations which shall enjoy powers or privileges granted, does not render it a special act, if the classification is reasonable, and if the act applies to all persons or corporations falling within the particular classes.

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ORIGINAL action in this court. Application for a writ of mandate. The fact that an act classifies persons who may form a corporation, or the purposes for which corporations may be formed, or the corporations which shall enjoy powers or privileges granted, does not render it a special act, if the classification is reasonable, and if the act applies to all persons or corporations falling within the particular classes. (1 Clark & Marshall on Private Corporations, pp. 105, 106; Attorney General v. Mc-Arthur, 38 Mich. 204; In re New York Elevated B. Co., 70 N. Y. 327; Hazelett v. Butler…

1Opinion of the Court

STOCKSLAGER, J. —

This is an original proceeding in this court to determine the right of plaintiff to conduct its business in this state without paying the annual license and taxes as provided by the Session Laws of 1901. The hearing was on a demurrer. We find the following headlines for chapter 2 of that act:

■“General Provisions Dealing Entirely With Insurance Companies Other Than Fraternal Beneficiary Societies.

“Sec. 1. It shall not be lawful for any person to act within this state as an agent or otherwise in soliciting or receiving applications for insurance of any kind whatever or in any…

2Cited by8 opinions

  1. Scott v. BrakelSupreme Court of Oklahoma · 1914
  2. Wood v. Independent School District No. 2Idaho Supreme Court · 1912
  3. Barton v. SchmershallIdaho Supreme Court · 1912
  4. Rural High School District No. 1 v. School District No. 37Idaho Supreme Court · 1919
  5. State ex rel. Spofford v. GiffordIdaho Supreme Court · 1912

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