Fikes v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Robert F. Oochran, Judge. Fikes, tbe appellant, was charged before and convicted by a justice of tbe peace upon an affidavit which charged that he “did unlawfully assume to act as insurance agent — to wit, as agent for the Union Mutual 'Aid Association of Mobile, Alabama— without license therefor, as provided and required by Laws 1902, ch. 59.” A demurrer was filed to the affidavit by the defendant when the case reached the…
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From the circuit court of Lauderdale county. Hon. Robert F. Oochran, Judge. Fikes, tbe appellant, was charged before and convicted by a justice of tbe peace upon an affidavit which charged that he “did unlawfully assume to act as insurance agent — to wit, as agent for the Union Mutual 'Aid Association of Mobile, Alabama— without license therefor, as provided and required by Laws 1902, ch. 59.” A demurrer was filed to the affidavit by the defendant when the case reached the circuit court on his appeal, which demurrer raised the question whether the affidavit contained a sufficient description…
1Opinion of the Court
Truly, J.,
delivered the’ opinion of the court.
The contention of the aptpellant that, because the insurance company which he represented does not fall clearly within any of the well-defined classes of companies specifically mentioned and dealt with by Laws 1902, ch. 59, p. 62, therefore neither he nor his company falls within the purview of that statute, is untenable. The law referred to was a timely and wise effort by the legislature to protect the people of the state against imposition and fraud on the part of any insurance company, no matter what form the particular scheme might assume. The…
2Cited by16 opinions
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- Commissioner v. W. H. Luquire Burial Ass'nCourt of Appeals for the Fifth Circuit · 1939
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