
    THE STATE ex rel. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA v. W. D. VANDIVER, Superintendent of Insurance of the State of Missouri.
    In Banc,
    July 9, 1909.
    Mandamus.
    Peremptory writ denied.
   WOODSON, J.

This is one of the three cases briefed, argued and submitted together with the case of State ex rel. Equitable Life Assurance Society v. Vandiver, Superintendent of Insurance of the State of Missouri. The issues and legal propositions involved in this case are substantially the same as those involved in that, and the conclusions reached in that case are controlling in this. We are, therefore, of the opinion that a peremptory writ of mandamus should be denied, and it is so ordered.

Valliant, G. J., Burgess, and Gantt, JJ., concur; Graves, J., dissents in separate opinion in which Fox, and Lamm, JJ., concur.

DISSENTING OPINION.

GRAVES, J.

This is one of three cases briefed, argued and submitted together, although separate upon our docket. I have fully covered both the law and the facts in a dissenting opinion in the case of State ex rel. Equitable Life Assurance Society of the United States v. Vandiver, Superintendent. Both law and facts are practically the same in all three cases. What was said in my dissenting opinion in the Equitable case applies to the questions involved in this case. The peremptory writ of mandamus should be awarded.

Fox and Lamm, JJ., concur herein.  