Pacific Mutual Life Insurance v. Hobbs

The opinion of the court was delivered by

Allen, J.:

This is an original proceeding in mandamus to compel the defendants as state officials to refund to plaintiff certain money which it is alleged was unlawfully assessed and paid under protest *231to the defendant insurance commissioner and now held as a trust fund by the defendant state treasurer.

For a number of years prior to 1936 the Pacific Mutual Life Insurance Company of California (hereinafter referred to as the old company) was authorized to and did business in Kansas as a foreign life insurance company. On July 22, 1936, in a court of…