Macavicza v. Workingman's Club

Citations

• 246 Pa. 136
• 92 A. 41
• 1914 Pa. LEXIS 483

Syllabus

<p>Corporations — Mutual benefit associations — Members—By-laws —Violation of by-laws — Nonpayment of fine — Expulsion without notice — Mandamus—Answer—Insufficient answer.</p> <p>1. A legal member of a corporation can not be expelled without notice, for the nonpayment of arrearages; without an express power in the charter, no man can be disfranchised unless he has been guilty of some offense which either affects the good government of the corporation or which is indictable by the law of the laud. Even when allowed by the charter, there must be some act by the corporation declaring expulsion, and this can not be done without a vote of expulsion after notice to the member supposed to be in default.</p> <p>2. In mandamus proceedings for the re-instat'ement of a member of a corporation who had been removed for nonpayment of fines, an answer which failed to plead that the power of summary expulsion from membership was conferred by the charter was defective as the existence of such power was not to be presumed, and could not be created by a by-law.</p> <p>3. In a proceeding by a member of an incorporated mutual benefit association for a mandamus to compel his reinstatement as a member of the corporation, from which he alleged he had been unlawfully removed, an answer is insufficient on demurrer which avers that the expulsion complained of was on the ground that the petitioner had not paid a fine but does not aver that the society was authorized by its charter to expel members for nonpayment of fines, and it is not averred and does not appear that the petitioner was given notice of the act óf expulsion.</p>