Spayd v. Ringing Rock Lodge

Citations

• 74 Pa. Super. 139
• 1920 Pa. Super. LEXIS 111

Syllabus

<p>Unincorporated associations — Membership—Expulsion—Validity of proceedings — Constitutional right of petition.</p> <p>1. A court of equity has jurisdiction to entertain a bill, praying for a decree to reinstate to membership a person who is alleged to have been wrongfully expelled from an unincorporated association, which owns certain beneficial funds, in which the plaintiff would be entitled to share, if he were a member in good standing.</p> <p>2. Where the by-laws of an unincorporated association provide a proper tribunal to pass upon the question of the expulsion of members, members must resort to such tribunal, and, if the proceedings before the tribunal are conducted in conformance with the by-laws, the judgment of the tribunal is final and conclusive. But where no evidence was produced to support the charge, the proceedings were irregular, and the plaintiff was not concluded thereby, and he can subsequently raise the question of their legality.</p> <p>3. Under the provisions of the Bill of Rights in the Constitution of Pennsylvania, providing for the right of petition, there is nothing to prevent a citizen from voluntarily committing the exercise of such right temporarily to an association of which he is a member. But where it is claimed that a citizen has temporarily relinquished such a fundamental right to such an association, it must be by language so clear, definite and positive that there may be no possibility of mistake as to his intention to do so, especially where his withdrawal from such association would result in divesting him of valuable property rights. When the contract, which he made with his fellow associates, in the brotherhood, is attempted to be extended beyond its obvious meaning, and so construed as to deprive him of a constitutional right, which he had not definitely relinquished, even temporarily, he has the right to reply that he made no such contract.</p> <p>4. Where a bill in equity is filed by a former member of an unincorporated