Northwestern Mutual Life Insurance v. Lewis & Clarke County
Montana Supreme Court
Appeal from District 'Court, Lewis and Clarice County; J. M. Clements, Judge. Action by the Northwestern Mutual Life Insurance Company against the county of Lewis and Clarke. Judgment for plaintiff. Defendant appeals.
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Appeal from District 'Court, Lewis and Clarice County; J. M. Clements, Judge. Action by the Northwestern Mutual Life Insurance Company against the county of Lewis and Clarke. Judgment for plaintiff. Defendant appeals. It is conceded that, the last sentence of Section 681 is unconstitutional, as the conflict of said provision with Section 7, Art. Nil, of the Constitution is apparent; but the contention is made that the remainder of said-- section is separable from the invalid portion, complete in itself, and not affected thereby, and is a subsisting’ and enforceable enactment without reference…
1Opinion of the Court
ME. COMMISSIONER POORMAN
prepared the opinion for the court.
This action was commenced in the district court on the 21st day of May, 1902, by the filing of an agreed case, and was instituted for the purpose of determining the validity of a tax claimed to be due from the plaintiff to the defendant “upon the excess of premiums received over losses and ordinary expenses incurred within the state” during the previous year. The name of the plaintiff expresses the character of business transacted. Judgment was rendered for plaintiff, and from this judgment defendant appeals.
The agreed case complies…
2Cases cited26 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
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- Porter v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1875
- People v. McCreeryCalifornia Supreme Court · 1868
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