Employers Casualty Co. v. Hobbs

The opinion of the court was delivered by

Wedell, J.:

This was an original proceeding in mandamus brought by the Employers Casualty Company, an insurance company, incorporated under the laws of the state of Texas, against the commissioner of insurance and state treasurer of this state to compel *816repayment of a so-called retaliatory tax, assessed by the insurance commissioner of this state and paid under protest. The proceeding comes to us for decision on a motion for judgment on the pleadings, consisting of a motion for an alternative writ and the answer of defendants. The defendant, the state…