Otto v. Protective

Citations

• 75 Cal. 308
• 17 P. 217
• 1888 Cal. LEXIS 537

Syllabus

<p>Unincorporated Associations — Protection of Property Rights of Members. — Courts will interfere for the purpose of protecting property rights of members of unincorporated associations, in all proper cases, and when they take jurisdiction, will follow and enforce, so far as applicable, the rules applying to incorporated bodies of the same character.</p> <p>Id. —Expulsion when Proper. — A member of an unincorporated association may he expelled therefrom for a violation of such of the established rules of the association as have been subscribed or assented to by the members, and as provide expulsion for such violation, or for such conduct a; clearly violates the fundamental objects of the association, and if persisted in and allowed would thwart those objects or bring the associa- ' tion into disrepute.</p> <p>Id. — Review of Expulsion. — In the matter of an expulsion, the association acts in a quasi judicial character, and so far as it confines itself to the exercise of the powers vested in it, and in_gooil faith pursues the methods prescribed by its laws, such laws not being in violation of the laws of the land or any inalienable right of the member, its sentence is conclusive, like that of a judicial tribunal. The courts will, however, decide whether the ground for expulsion is well taken.</p> <p>Id.—Expulsion foe Offense Punishable by Fine.—An unincorporated association, having a benefit fund in which all of its members are entitled to participate, cannot expel a member for an offense which by the rules of the association is punishable by a fine only.</p> <p>Id. —Improper Expulsion. —The expulsion of a member, nominally for an • offense for which such punishment is proper, but in reality for an offense punishable only by fine, is invalid.</p>