Legal Opinion · Dissent

Aetna Ins. v. Robertson

Mississippi Supreme Court

Decided March 15, 1921No. 21871Published

Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Suit by Stokes V. Robertson, State Revenue Agent, against the Aetna Insurance Company, for violating the Anti-Trust Law and asking for appointment of receivers. From an order appointing receivers, defendant appeals.

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Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Suit by Stokes V. Robertson, State Revenue Agent, against the Aetna Insurance Company, for violating the Anti-Trust Law and asking for appointment of receivers. From an order appointing receivers, defendant appeals. The State Revenue Agent brought suit against the appellant and other insurance companies doing business in the state of Mississippi for violation Of the Anti-Trust Laws, alleging that the insurance companies are nonresidents of the state of Mississippi, and that certain of the defendants or agents of said…

1DissentAnderson, J.

I dissent from the majority opinion. The court holds that under section 4738, Code of 1906 (section 7056, Hemingway’s Code), giving the Revenue Agent the right to sue for and recoVer all penalties and forfeitures due the state, any county, municipality, or levee board, and section 5004, Code of 1906 (section 3286, Hemingway’s Code), which is a part of the chapter on Trusts and Combines, which, among other things, provides that the penalties therein denounced for violation of the Anti-Trust Statutes “can be recovered by the state on the relation of the attorney general or district attorney,”…

2Cases cited7 opinions

  1. German Alliance Insurance v. LewisSupreme Court of the United States · 1914
  2. North American Insurance v. YatesIllinois Supreme Court · 1905
  3. Dunn v. ClinghanMississippi Supreme Court · 1908
  4. Bonds v. GreerMississippi Supreme Court · 1879
  5. Dukate v. AdamsMississippi Supreme Court · 1911

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