Crombie v. Order of Solon

Citations

• 157 Pa. 588
• 27 A. 710
• 1893 Pa. LEXIS 1454

Syllabus

<p>Equity — Injunction—Receivers—Beneficial associations.</p> <p>Where every substantial averment of a bill in equity for an injunction and receivership is denied by a completely responsive answer, and the answer is not overcome or met by further proof, there is nothing on which the injunction or receivership can rest.</p> <p>A bill in equity was filed by a person alleging himself to be a member of a beneficial association, against the association and its officers. The bill alleged that at a meeting of the order, in the absence of a majority of the members, certain members were illegally expelled, and certain officers displaced and new ones elected; and that the new officers, defendants in the bill, coerced or misled by another defendant, were pursuing a course of administration prejudicial to the interest of plaintiff, and- the order at large. Defendants filed an answer denying the standing of plaintiff, and responsively denying all the material averments of the bill. The answer was not overcome or met by further proof. Held, that a decree continuing a preliminary injunction and appointing a receiver was error.</p>