Legal Opinion

In re Court of Honor of Illinois

Wisconsin Supreme Court

Decided March 19, 1901PublishedCited by 13 opinions

Application for the exercise of the original jurisdiction of this court to compel Emil Giljohan, commissioner of insurance of the state, to grant a license to the relator to do business in this state. The petition is to the following effect: The relator is a corporation duly organized under the laws of the state of Illinois as a fraternal beneficiary association.

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Application for the exercise of the original jurisdiction of this court to compel Emil Giljohan, commissioner of insurance of the state, to grant a license to the relator to do business in this state. The petition is to the following effect: The relator is a corporation duly organized under the laws of the state of Illinois as a fraternal beneficiary association. Its purposes are to furnish life endowment and pecuniary benefits to the beneficiaries of its deceased members, also accident and permanent indemnity to its members, and to encourage them in business and assist them in obtaining…

1Opinion of the CourtMarshall, J.

The question presented for decision is, Should the original jurisdiction of this court be used where the primary right sought to be vindicated is private, even though a state officer is concerned as a party and the question involved is in some respects yublici juris? The general limits of the original jurisdiction of the court were declared in Attorney General v. Railway Cos. 35 Wis. 425, thus: “It extends to all judicial questions affecting the sovereignty of the state, its franchises or prerogatives, or the liberties of its people.” “ Quod adstatum reiyuUieceyertwiet?’1 That doctrine, since…

2Cases cited11 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  3. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  4. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  5. State ex rel. Drake v. DoyleWisconsin Supreme Court · 1876

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  2. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  3. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
  4. In re Exercise of Original Jurisdiction of Supreme CourtWisconsin Supreme Court · 1930
  5. State ex rel. Stengl v. CaryWisconsin Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

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