Legal Opinion

Queen City Fire Ins. v. Basford

South Dakota Supreme Court

Decided February 23, 1911PublishedCited by 15 opinions

Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by the Queen City Fire Insurance Company against O. S. Basford and others. From a judgment for plaintiff, defendants appeal. The commissioner of insurance is the officer of the state who is charged with the supervision of insurance' companies and whose duty it is to see that the laws of the state respecting insurance companies are faithfully executed. Sec. 153 and 154, Pol.

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Appeal from Circuit Court, Minnehaha County. Hon Joseph W. Jones, Judge. Action by the Queen City Fire Insurance Company against O. S. Basford and others. From a judgment for plaintiff, defendants appeal. The commissioner of insurance is the officer of the state who is charged with the supervision of insurance' companies and whose duty it is to see that the laws of the state respecting insurance companies are faithfully executed. Sec. 153 and 154, Pol. Code of 1903. He is authorized to grant certificates of authority to fire insurance companies, and to revoke a certificate once granted. A…

1Opinion of the CourtCorson, J.

This action was instituted by the plaintiff, a fire insurance company, organized and existing under the laws of this state, to enjoin the collection by the defendant Basford, insurance commissioner of this state, of 'the 23/2 per cent, tax upon plaintiff’s gross earnings provided for by chapter 65, § 1, of the Session Laws of 1907, -and also to enjoin the other defendants from the collection -of taxes imposed by the local authorities of Minnehaha county upon the tangible property of plaintiff corporation; and, the judgment of the circuit court being in favor of the plaintiff and against the…

2Cases cited5 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
  3. State v. BeckerSouth Dakota Supreme Court · 1892
  4. In re WatsonSouth Dakota Supreme Court · 1903
  5. Bon Homme County v. BerndtSouth Dakota Supreme Court · 1902

3Cited by15 opinions

  1. State Ex Rel. Botkin v. WelshSouth Dakota Supreme Court · 1933
  2. State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
  3. New York Life Ins. v. Bd. of Com'rs of Okla. Cty.Supreme Court of Oklahoma · 1932
  4. State ex rel. Longstaff v. AndersonSouth Dakota Supreme Court · 1914
  5. Miners & Merchants Bank v. Board of SupervisorsArizona Supreme Court · 1940

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