Levy v. Magnolia Lodge, No. 29, I. O. O. F.

Citations

• 110 Cal. 297
• 42 P. 887
• 1895 Cal. LEXIS 1056

Syllabus

<p>Odd Fellows — Expulsion of Member for Contempt — Restoration— Mandamus.—Where a member, who signed the written constitution and by-laws of an Odd Fellows’ lodge, has been expelled, in accordance with the provisions of the by-laws, for a violation thereof on his part, and for contempt in refusing to appear before a committee appointed to try charges against him, in pursuance of the constitution and by-laws of the lodge, mandamus will not lie to restore him to membership.</p> <p>Id.—Right to Sick Benefits—Remedy in Lodge—Jurisdiction of Courts—Defense.—Although the courts have jurisdiction to hear and dispose of a complaint against a lodge for refusal to allow sick benefits, yet, where the laws of the lodge provide a remedy for the grievance complained of, that remedy must first be pursued and exhausted; and the failure to pursue that remedy is a perfect defense to an action in any state court.</p> <p>Id.—Specification of Charges against Member.—The charges against a member of a lodge for a breach of its laws are sufficiently specific when they apprise the member of the nature of the charges, and enable him to prepare for his defense.</p> <p>Id.—Contract of Member—Waiter of Right to Object to Report of Committee—Default—Conolusiveness of Report.—A member who has signed the by-laws of a lodge, which provide that a member may be expelled for contempt in failing to appear before a committee to stand trial upon charges, and that in such case the report of the committee shall be conclusive, waives any right of objection to the report of the committee, by intentional default in refusing to appear before it to answer to the charges made against him.</p> <p>Id,—Unreasonable By-law—Waiver of Objection by Contract.—What might be bad or unreasonable as a by-law, as being against common right, may be good as a contract; and a man may part with or waive a common right voluntarily, of which it would be impolitic and unjust to deprive him by a by-law passed-without his assent.</p