Huggins v. Home Mutual Fire Insurance

Citations

• 107 Miss. 650
• 65 So. 646

Syllabus

<p>1. Constitutional Law. Glass legislation. Poioer of legislature. Statutes. Mutual assessment company. Liens. Insurance. Enforcement. Jurisdiction.</p> <p>The State may distinguish, select and classify object of legislation, and necessarily the power must have a wide range of discretion.</p> <p>2. Constitutional Law. Glass legislation. Laws 1912, chapter 171.</p> <p>Laws of 1912, chapter 171, which provides for the organization of mutual insurance corporations, limits the amount of insurance to be taken on each risk; gives to all policy holders the right to vote for directors; requires that a majority of the directors shall be residents of this state; provides for dividends to be paid to policy holders out of the earnings; for assessment of policy holders, whenever necessary to pay losses is not invalid as class legislation, as it applies to all companies doing a similar . business.</p> <p>3. Statutes. Mutual assessment company. Lien. Laws 1912, chapter 171.</p> <p>Laws 1912, chapter 171, section 18, which provides that premium notes taken by mutual fire insurance companies and all assessments shall constitute a lien on the property insured, and the land on which it is situated, upon the filing of a certificate with the clerk of the chancery court showing the facts is not invalid because it contains no direction as to what particular book in the office of the clerk of the chancery court, the certificate shall be recorded in, since the lien commences upon the filing of the certificate with the clerk and it makes no difference whether it is recorded or not.</p> <p>4. Mutual Fire Insurance. Lien. Enforcement. Jurisdiction.</p> <p>The jurisdiction of equity is inherent to enforce the lien given mutual fire insurance companies by the Laws 1912, chapter 171, section 18, upon property insured and it is unnecessary for the statute to expressly confer such jurisdiction.</p>