Cole v. State ex rel. Harris

Citations

• 91 Miss. 628
• 45 So. 11

Syllabus

<p>1. Mandamus. Acts of insurance commissioner. Judicial discretion.</p> <p>Mandamus will not lie to review tbe judicial discretion of tbe insurance commissioner in granting a license to an insurance company to do business in tbe state on tbe ground that its policies, passed upon by tbe commissioner, violate a statute; nor, in tbe absence of evidence dehors tbe policies, to compel a revocation of tbe license.</p> <p>2. Insurance. Contracts. Discrimination. Income clause. Code 1906, § 2600.</p> <p>Code 1906, § 2600, prohibiting discrimination in dividends or benefits to accrue on an insurance policy, is violated by policies stipulating for tbe return to tbe insurer of an annual income, however small, during a designated time, • although tbe obligation purports to be based on a consideration.</p>