Tate v. Salmon
Court of Appeals of Kentucky
Case 113 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. Neither the state nor her officers as such can be sued without an act of the legislature authorizing it. (Rolle, ass’e, v. Andes Ins.
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Case 113 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. Neither the state nor her officers as such can be sued without an act of the legislature authorizing it. (Rolle, ass’e, v. Andes Ins. Co., 23 Gratt., 509; Divine v. Harvie, 7 Mon., 439; Tracy & Loyd v. Horubuclde and wife, 8 Bush, 336; Rodman v. Musselman, 12 Bush, 354; 30 Grattan, 72.) 1. This being the first suit brought for a distribution of the fund in controversy, the court in which it was brought acquired jurisdiction over the fund, and may distribute it. (Secs. 72 and 210, Civil Code.) 2. The state is not a party to this action and…
1Opinion of the CourtChief Justice Lewis
delivered tiie opinion of the court.
By section 47 of an act of the general assembly, entitled “An act to establish an Insurance Bureau,” approved March 10, 1870, it is provided as follows: “When, by the laws of any other state, any taxes, fines, penalties, deposits of money or of securities, or other obligations, prohibitions, or requirements are imposed upon insurance companies organized or incorporated under any general or special law of this state, and transacting business in such other state, or upon the agents of such insurance company greater than those imposed upon similar companies by…
2Cases cited2 opinions
- Gridler v. Farmers & Drovers' BankCourt of Appeals of Kentucky · 1876
- Tracy v. HornbuckleCourt of Appeals of Kentucky · 1871
3Cited by10 opinions
- Yanero v. DavisKentucky Supreme Court · 2001
- Foley Construction Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1963
- Wilkinson v. StateUtah Supreme Court · 1913
- Thomas v. StateIdaho Supreme Court · 1909
- Beshear v. Haydon Bridge Co.Kentucky Supreme Court · 2013
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