State v. Bankers' & Merchants' Mutual Benefit Ass'n
Supreme Court of Kansas
Original Proceedings in Quo Warranto. Quo warranto, brought February 21, .1880, by the attorney general, challenging the right of the Bankers’ and Merchants’ Mutual Benefit Association, of Atchison, Kansas, to transact business in this state, and praying that the defendant be required to show by what warrant or authority it ex-ercises certain rights and franchises, and that said association may be dissolved, etc. The nature of the action appears in the opinion.
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Original Proceedings in Quo Warranto. Quo warranto, brought February 21, .1880, by the attorney general, challenging the right of the Bankers’ and Merchants’ Mutual Benefit Association, of Atchison, Kansas, to transact business in this state, and praying that the defendant be required to show by what warrant or authority it ex-ercises certain rights and franchises, and that said association may be dissolved, etc. The nature of the action appears in the opinion. The defendant demurred to the petition, on grounds as follows: 1. That under the laws of this state the defendant association is not…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of quo warranto, brought by the attorney general, challenging the right of defendant to transact business. The claim is, that defendant is carrying on the business of life insurance without authority therefor, and in conflict with the provisions of the law of 1871 creating the insurance department, and its several amendments.
The first question arises upon these facts: Sec. 78 of the law of 1871 (Laws 1871, p.248) reads: “The provisions of this act shall not apply to life insurance companies organized on the cooperative…
Also in this document: Concurrence.
2Cases cited9 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- City of St. Louis v. TiefelSupreme Court of Missouri · 1868
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
- Mewherter v. PriceIndiana Supreme Court · 1858
- Swayze v. BrittonSupreme Court of Kansas · 1877
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3Cited by33 opinions
- Marston v. HumesWashington Supreme Court · 1891
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- State v. BarrettSupreme Court of Kansas · 1882
- State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
- Pottawatomie County v. AlexanderSupreme Court of Oklahoma · 1918
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