Carlin v. Ancient Order of Hibernians

Citations

• 54 Pa. Super. 512
• 1913 Pa. Super. LEXIS 98

Syllabus

<p>Beneficial associations — Corporations—Constitution and by-laws— Expulsion of members.</p> <p>1. Where the charter of a corporation contains no power of expulsion, a member can be expelled only when he has been guilty of some infamous offense, or has done some act tending to the destruction of the society.</p> <p>2. If the by-laws and constitution of a beneficial association chartered as a corporation of the first class under the laws of Pennsylvania provide that a member may be expelled for divulging the pass word of the order, or for committing “any offense which tends to bring discredit upon it, or injure the order,” members may be expelled for participating in an illegal meeting at which the pass word is divulged; and if they are given a fair trial, or given an opportunity for a fair trial in the manner provided by the constitution and by-laws, and they refuse to avail themselves of such opportunity, they have no standing to resort to a court of equity to secure their reinstatement to membership.</p> <p>3. When the power of expulsion has been exercised in good faith, and in a reasonable, proper and legal manner, its exercise cannot be questioned collaterally; the courts may judge of the cause of the expulsion and the form of the proceedings to see whether the corporate tribunal has acted within its jurisdiction and in the line of order, but cannot review the case on its merits.</p> <p>4. The constitution and by-laws of the grand and supreme lodges of the various orders and societies of The Ancient Order of Hibernians are binding upon the members of the subordinate lodges.</p> <p>Appeals — Assignments of error — Equity—Final decree — Exceptions— Act of May 11,1911, P. L. 279.</p> <p>5. The appellate court will not quash an appeal in an equity case because the final decree was not specially assigned as error, where it appears that there were seventeen assignments of error to findings of fact and conclusions of law, that every phase of the case is fully consider