Security Mut. Life Ins. Co. v. Prewitt, 202 U.S. 246 (1906)

Security Mutual Life Insurance Company v. Prewitt

Nos. 178

, 184

Argued January 16, 1906
Dismissed February 19, 1906
Petitions for rehearing granted and cases decided May 14, 1906
202 U.S. 246

ERROR TO THE COURT OF APPEALS

OF THE STATE OF KENTUCKY

Syllabus

A writ of error having been dismissed, after full argument, as being a moot case on mistaken assumption of fact justified by the record, and the petitions for rehearing showing facts on which substantial relief can be granted, the application for rehearing is allowed, and the case decided on the merits on the arguments already made.

A state has the power to prevent a foreign corporation from doing business at all within its borders unless such prohibition is so conditioned as to violate the federal Constitution, and a state statute which, without requiring a foreign insurance company to enter into any agreement not to remove into the federal courts cases commenced against it in the state court, provides that, if the company does so remove such a case, its license to do business within the state shall thereupon be revoked, is not unconstitutional. Doyle v. Continental Insurance Co., 94 U.S. 535, followed and held not to be overruled by Barron v. Burnside, 121 U.S. 186, or any other decision of this Court.

The facts are stated in the opinion.