Legal Opinion

Aetna Ins. v. Robertson

Mississippi Supreme Court

Decided March 15, 1921No. 21871PublishedCited by 10 opinions

Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Suit by Stokes V. Robertson, State Revenue Agent, against the Aetna Insurance Company, for violating the Anti-Trust Law and asking for appointment of receivers. From an order appointing receivers, defendant appeals.

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Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Suit by Stokes V. Robertson, State Revenue Agent, against the Aetna Insurance Company, for violating the Anti-Trust Law and asking for appointment of receivers. From an order appointing receivers, defendant appeals. The State Revenue Agent brought suit against the appellant and other insurance companies doing business in the state of Mississippi for violation Of the Anti-Trust Laws, alleging that the insurance companies are nonresidents of the state of Mississippi, and that certain of the defendants or agents of said…

1Opinion of the CourtEthridge, J.

The first question presented for decision under the assignments of error is Avhether the revenue' agent has a right *400to institute suit against these defendants under the. antitrust statute. In other words, it is contended by the appellant that as to the insurance companies the insurance commissioner has the sole and exclusive power of instituting suit, by directing the attorney general or the district attorneys to institute same. This contention is based upon certain statutes in the Insurance chapter of the Code. Section 2550, Code of 1906 (section 5014, Hemingway’s Code), reads as follows:

“The…

2Cases cited5 opinions

  1. Dollman v. MooreMississippi Supreme Court · 1892
  2. Robertson v. Bank of BatesvilleMississippi Supreme Court · 1917
  3. Dukate v. AdamsMississippi Supreme Court · 1911
  4. Cumberland Telephone & Telegraph Co. v. State ex rel. Attorney-GeneralMississippi Supreme Court · 1910
  5. Western Union Telegraph Co. v. SullivanMississippi Supreme Court · 1892

3Cited by10 opinions

  1. Clark v. Louisville & N. R. Co.Mississippi Supreme Court · 1930
  2. Mississippi Chemical Corp. v. Chemical Construction Corp.District Court, S.D. Mississippi · 1977
  3. Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
  4. M P I, Inc. v. McCulloughDistrict Court, N.D. Mississippi · 1978
  5. Nugent v. RobertsonMississippi Supreme Court · 1921

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