State ex rel. Phelps v. Tomlinson

Ohio Supreme Court

State ex rel. Phelps v. Tomlinson

100 Ohio St. (N.S.) 482

CourtOhio Supreme Court

DecidedDecember 23, 1919

DocketNo. 16260

StatusPublished

This text of 100 Ohio St. (N.S.) 482 (State ex rel. Phelps v. Tomlinson) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Phelps v. Tomlinson, 100 Ohio St. (N.S.) 482 (Ohio 1919).

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Opinion

Nichols, C. J.

In this proceedings in mandamus, the relator prays this court to issue a writ directing the respondent as superintendent of insurance of the State of Ohio to disapprove and strike from the files of his department insurance policies containing suicide clauses the same as or similar to the one involved in the case of The Western & Southern Life Ins. Co. v. Horn, ante, 478, this day decided. The petition of relator is challenged by demurrer.

The same questions being presented in this proceeding in mandamus as were determined in Insurance Co. v. Horn, supra, the demurrer of respondent will be sustained for the reasons set forth in the opinion in that case; and relator not desiring to plead further, a writ will be denied.

Demurrer sustained and writ denied.

Jones, Matthias, Johnson, Wanamaker, Robinson and Merrell, JJ., concur.

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Nichols, C. J.

In this proceedings in mandamus, the relator prays this court to issue a writ directing the respondent as superintendent of insurance of the State of Ohio to disapprove and strike from the files of his department insurance policies containing suicide clauses the same as or similar to the one involved in the case of The Western & Southern Life Ins. Co. v. Horn, ante, 478, this day decided. The petition of relator is challenged by demurrer.

The same questions being presented in this proceeding in mandamus as were determined in Insurance Co. v. Horn, supra, the demurrer of respondent will be sustained for the reasons set forth in the opinion in that case; and relator not desiring to plead further, a writ will be denied.

Demurrer sustained and writ denied.

Jones, Matthias, Johnson, Wanamaker, Robinson and Merrell, JJ., concur.

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Bluebook (online)

100 Ohio St. (N.S.) 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-phelps-v-tomlinson-ohio-1919.