Rueb v. Rehder

Citations

• 24 N.M. 534
• 174 P. 992

Syllabus

<p>SYRRABUS BY THE COURT.</p> <p>1. Assignments of error considered, and held sufficiently specific. P. 53^</p> <p>2. The records and minutes of a private corporation are admissible to prove its acts; but they are not the only mode of proof. They are prima facie admissible, but may be rebutted by parol. Hence, where the minutes of a voluntary association are silent as to the question of the former trial of a member for the same offense for which he was expelled, as shown by said minutes, it is competent for such member to introduce parol evidence to establish the fact that he had been theretofore tried and acquitted of such alleged offense against the by-law of the association, and also to show that he was expelled without evidence being heard'.</p> <p>P. 540 .</p> <p>3. If a member of a society is once acquitted on a trial upon charges preferred against him, he cannot be tried again for the same offense, unless the by-laws of the association specifically authorize a second trial therefor. P. 544</p> <p>4. If, under the by-laws, rules, and regulations of an association, it has no power or jurisdiction to try a member and expel him for a given offense*, or if its action is without jurisdiction, or without notice or authority, it does .not •change the legal status of the member, and the member so unlawfully expelled' Is not required to appeal within the order, hut may resort to the courts for relief. P. 543</p> <p>5. The constitution and by-laws of a voluntary association constitute the contract between the member and the association, and govern and limit the rights and liabilities of the member and the association. So long as such an association is acting under such rules and regulations, and in accordance therewith, the member must likewise act, as he is required to do under the contract. When, however, the association departs from the letter and spirit of the contract, and does an act which it is not authorized to do under the contract, a member injured by such act