Legal Opinion

Prewitt v. Security Life Ins.

Court of Appeals of Kentucky

Decided December 15, 1904PublishedCited by 2 opinions

Case 41 — Action by the Security Mutual Life Ins. Co. and by the Travelers Ins. Co. Against Henry R. Prewitt, Insurance Commissioner, for an Injunction Compelling Him to Revoke an Order Suspending Their License to Transact Business in This State. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION NO. 2 — THOS. R. GORDON, judge. Judgment for Plaintiff in First Suit. Defendant Appeals. Judgment for Dependant in Second Suit. Plaintiff Appeals.

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Case 41 — Action by the Security Mutual Life Ins. Co. and by the Travelers Ins. Co. Against Henry R. Prewitt, Insurance Commissioner, for an Injunction Compelling Him to Revoke an Order Suspending Their License to Transact Business in This State. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION NO. 2 — THOS. R. GORDON, judge. Judgment for Plaintiff in First Suit. Defendant Appeals. Judgment for Dependant in Second Suit. Plaintiff Appeals. POINTS AND AUTHORITIES. 1. An injunction against a State officer threatening action under an unconstitutional statute is maintainable where…

1Opinion of the Court

Opinion op tiib court by

JUDGE HOBSON.

In the first of tbe above cases the Security Mutual Life Insurance Company filed its petition in equity, alleging- that in the year 1900 it began business in Kentucky, having complied with the requirements of the statutes of the State applicable to foreign insurance companies, the plaintiff being a corporation organized under the laws of the State of New York; that the commissioner then granted it permission to transact the business of life insurance in this State, and it employed a large number of agents, established a large number of agencies throughout…

2Cases cited15 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  3. Hooper v. CaliforniaSupreme Court of the United States · 1895
  4. The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
  5. Home Ins. Co. v. MorseSupreme Court of the United States · 1874

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3Cited by2 opinions

  1. Security Mutual Life Insurance v. PrewittSupreme Court of the United States · 1906
  2. Security Mutual Life Insurance v. PrewittSupreme Court of the United States · 1906

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