Home Insurance v. Flint
Supreme Court of Minnesota
The defendant, who at the time these proceedings were instituted, was County Attorney for the county of Bamsey, upon the complaint -of certain persons insured in the Home Insurance Company of St. Paul, a company organized within this State, and situated in said county, applied to the president of said company to inspect the books, records and securities of said company, in order to examine into its financial condition, and ascertain whether it was complying with the law…
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The defendant, who at the time these proceedings were instituted, was County Attorney for the county of Bamsey, upon the complaint -of certain persons insured in the Home Insurance Company of St. Paul, a company organized within this State, and situated in said county, applied to the president of said company to inspect the books, records and securities of said company, in order to examine into its financial condition, and ascertain whether it was complying with the law regulating insurance companies, pursuant- to the act of March 9, 1867. The president of said company declined, at 'that…
1Opinion of the Court
Wilson, Oh. J.
By the Court At common law it seems to be the office of a writ of prohibition to prevent Courts from ‘going beyond their jurisdiction.
The writ is issued to the Court and prosecuting party, commanding the former not to entertain, and the latter not to prosecute the action or proceeding.
It is seldom if ever granted to restrain the proceedings of other bodies or officers. But whether it is ever issued to another body or officer or not, it is clear that it is only issued to restrain the exercise of judicial powers. 2 Seldon's Prac., 308 ; 2 Burrill's Prac., 182 ; 3 Blacks. Com.,…
2Cases cited1 opinion
- Allard v. SmithCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- People ex rel. Dougan v. District CourtSupreme Court of Colorado · 1883
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- Muhler v. HedekinIndiana Supreme Court · 1889
- Kalbfell v. WoodSupreme Court of Missouri · 1906
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