Great Western Life Assur. Co. v. State ex rel. Honan
Decision Date | 17 October 1913 |
Docket Number | No. 22,334.,22,334. |
Citation | 102 N.E. 849,181 Ind. 28 |
Parties | GREAT WESTERN LIFE ASSUR. CO. v. STATE ex rel. HONAN, Atty. Gen., et al. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Marion County; John J. Rochford, Judge.
Proceedings by the State of Indiana, on the relation of Thomas M. Honan, Attorney General, and others, against the Great Western Life Assurance Company. From a judgment for the plaintiffs, the defendant appeals. Reversed, with instructions.
Ulric Z. Wiley, Bernard Korbly, and Willard New, all of Indianapolis, and J. W. Lindley, of Sullivan, for appellant. Thomas M. Honan, Atty. Gen., and James E. Deery, Leroy J. Keach, and Henry Warrum, all of Indianapolis, for appellees.
This was a proceeding brought by the state ex rel. Attorney General, praying for the appointment of a receiver for appellant, to enjoin it from writing any insurance, from purchasing the assets of the Great Western Life Insurance Company, for an accounting between it and its shareholders, for the appointment of a temporary receiver, and the dissolution of the corporation. To the petition filed by the relator, the appellant appeared specially and filed a plea in abatement, in which it questions the jurisdiction of the court over the subject-matter and also the defendant. To this plea in abatement the court sustained a demurrer. The appellant then filed an answer in bar in two paragraphs: The first a general denial; the second to the effect that the defendant was a corporation, duly organized under an act of the General Assembly of the state of Indiana, approved February 10, 1899 (Laws 1899, p. 30), and acts amendatory thereto; that its home and principal office was in Terre Haute, Vigo county, Ind.; that at the time of the commencement of this action it did not have or maintain any office in Marion county; that it did not have any agent in said county; that at no time since the commencement of this action has it had an office in Marion county nor any agent residing therein; that on January 13, 1913, the circuit court of Vigo county had appointed a receiver for said company in a suit duly brought by a judgment creditor of said company, which receiver had duly qualified and had taken possession of all the assets of the said company and as a part of said answer filed therewith a certified copy of the judgment of the Vigo circuit court. The sustaining of the demurrer of appellee to appellant's answer in abatement is the first question presented.
The plea in abatement is as follows (omitting caption and verification):
[1] The question as to the right to bring this action in the superior court of Marion county must be tested by the statute in relation to the organization of domestic insurance companies, approved February 10, 1899, and acts amendatory thereto. Burns 1908, §§ 4678 to 4715.
Section 4691, Burns 1908, provides in what manner, in what court, and by whom suits may be brought for the appointment of a receiver and to dissolve an insolvent life insurance company and reads as follows: “If the Auditor of State...
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