
    Mutual Life Insurance Company of New York, Plaintiff, vs. The State, Defendant.
    
      November 13, 1926
    
    March 9, 1927.
    
    This case is ruled by New York Life Ins. Co. v. State, ante, p. 404.
    This is an original action against the State brought by the Mutual Life Insurance Company of Nezy York to recover a portion of the license fees paid by it as a foreign corporation in order to secure a license,to do business in Wisconsin. Plaintiff made a motion for judgment on the pleadings and on an agreed state of facts.
    
      Motion denied.
    
    For the plaintiff there was a brief by Miller, Mack & Fairchild of Milwaukee, attorneys, ánd Frederick L. Allen of New York City', of counsel, and a reply brief by Miller, Mack & Fairchild, and oral argument by /. G. Hard grove of Milwaukee.
    For the defendant there was a brief by the Attorney General and T. L. McIntosh, assistant attorney general, and oral argument by Mr. McIntosh.
    
   The following opinion was filed December 7, 1926:

Stevens, J.

While the facts in this case are not identical with those presented in the case of New York Life Insurance Co. v. State, ante, p. 404, 211 N. W. 288, the case presents identically the same questions of law that were held to be controlling in that case.

By the Court. — The motion of the plaintiff for judgment is denied without costs. The plaintiff to pay the fees of the clerk of this court.

Eschweiler, J., dissents in part.

A motion for a rehearing was denied, with $25 costs, ■ on March 9, 1927. ■ ■  