Hemphill v. Enterprise Lodge No. 75

Citations

• 66 Pa. Super. 134
• 1917 Pa. Super. LEXIS 210

Syllabus

<p>Beneficial associations — Expulsion of member — Remedies provided by constitution and by-laws-r-Evidence.</p> <p>On a bill in equity praying for an injunction to restrain the members of a beneficial association from denying the plaintiff the rights and privileges of membership in such'association, a decree in favor of the plaintiff will be sustained where it appears that the defendant had exhausted all of the remedies provided by the constitution and by-laws of the association, and the court below found as fact that there was no evidence to support the charges that the plaintiff by his actions and. conduct had violated several provisions of the constitution of the association.</p> <p>In such a case the fact that the plaintiff had filed a bill in equity to restrain a proposed merger of the association with another association on the ground that many illegal votes had been polled at the meeting which voted for the merger, is not “conduct unbecoming a member” of the association within the meaning of such words as used in the constitution.</p> <p>Where the constitution of a beneficial association provides for the appointment of a committee to try a member against whom charges are made, and directs that the report of the committee shall be read, and if “approved by a majority of the members present, it shall be the judgment of the lodge, and shall be so declared by the president,” an expulsion of a member who has been tried, will not be sustained, where it appears that the committee reported that they found the accused “guilty in manner and form as charged,” and that such report was submitted to a meeting of the lodge, and on motion it was carried that “above report be received and recommendation complied with,” without any other action, and with no declaration by the president that the report of the committee was the judgment of the lodge.</p> <p>Where a person has been for many years a member of a beneficial association, and has paid his dues, and the association is