escribed, only two others
require notice, mandamus and quo warranto. The first of these is used
to compel one to do something. A familiar example is that of a city
which refuses to pay a judgment that has been rendered against it. The
court in this action commands the city to pay, and it must obey unless
there exists a legal defense. A quo warranto is the form of legal
action to which a person resorts to get possession of an office to
which he is entitled, but is denied him. Suppose one is elected mayor
of a city, but for some reason or other, the one in possession is
determined to keep him out. He would bring this action and a court
would then decide whether he was entitled to it or not, and if he
were, the court would proceed to put him in possession.
In many of the states, especially the newer ones, not all of these
different forms of action are used. Only one form, called a complaint,
includes most of them. While the substitution of this has simplified
the modes of redress, the substance of the complaint really embodies,
as before, the different kinds of injuries above explained.
=Life Insurance.=--The contract of life insurance is a mutual
agreement whereby the insurer agrees on the payment of a fixed sum or
premium to pay to a person designated in the policy on the happening
of a contingency, usually death, a sum of money. By another form of
insurance the insurance may be made payable at a fixed time, or
before, should the insured die before that period.
The contract to be valid must be for the benefit of one having an
insurable interest, otherwise the contract is a wager, which the law
condemns. This is sufficient if the person taking the insurance has
such an interest arising from his relation to the insured as creditor
and surety, or from the ties of blood or marriage that will justify a
reasonable expectation of advantage or benefit from the continuation
of his life. It is not needful that this expectation or benefit should
possess a pecuniary valuation. The mutual legal rights and liabilities
of father and minor child are sufficient to create an insurable
interest on the part of each in the life of the other; also the
relationship of brother and sister, and that of husband and wife.
Likewise a man and a woman who are engaged to be married; and a
creditor has an insurable interest in the life of his debtor. And this
interest covers not only the amount of the indebtedness, but also
future advances, and
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