Polish Falcons' Gymnastic & Literary Ass'n v. Kubiak

Citations

• 238 Pa. 464
• 86 A. 296
• 1913 Pa. LEXIS 994

Syllabus

<p>Fraternal societies — Affiliation with parent body — Withdrawal of funds and property — Rights of minority — Equity jurisdiction— Injunction — Corporations not for profit.</p> <p>1. A Polish gymnastic and literary society, the plaintiff, was formed in the County of Allegheny as a subordinate division of a superior body called the Polish Falcons’ Alliance of. the United States of America; subsequently a majority of the filaintiff body, which had become incorporated under the laws of Pennsylvania as a corporation of the first class, sought to withdraw i; from its alliance with the parent organization, and to take with them the funds, property and paraphernalia of the society. Held, equity would restrain such action by injunction.</p> <p>2. The majority of a subordinate branch of a larger body cannot, against the will of the minority withdraw from the parent association and take with them the property of said subordinate branch.</p> <p>Practice Supreme Court — Appeals—Assignments of error.</p> <p>3. An assignment of error specifying merely that the court erred “in dismissing exceptions to the findings of the court below,” is erroneous because it does not set forth the exceptions and involves more than one point.</p> <p>4. An assignment of error stating that “the court below erred in granting the injunction,” but not setting out the decree, is not in proper form.</p>