Supreme Lodge Knights of Honor v. Dalberg

Citations

• 138 Ill. 508
• 28 N.E. 785

Syllabus

<p>1. Benefit societies—forfeiture of membership. Where the laws of a mutual benefit society or lodge provide for notice to be given to members of the order of assessments made on them, and for their suspension for failure to pay the same within thirty days after such notice, a member can not be deprived of membership or suspended, so as to defeat a suit by his beneficiary on his certificate, without proof of notice to him of the assessment which he fails to pay.</p> <p>2. Practice in Appellate Court—amendment of record after judgment—granting rehearing. After judgment of affirmance by the Appellate Court it is purely a matter of discretion to allow an amended record to be filed, and open the cause for hearing on such amended record.</p> <p>3. The allowance of an amended record to be filed in the Appellate; Court after judgment of affirmance, without granting a rehearing, is-of no practical use, for the reason that this court can only review the judgment of that court on the record as it appeared before it when its judgment was pronounced.</p> <p>4. Same—rehearing, a matter of discretion. The Appellate Court has the right, by its rules, to say in what eases, or whether in any case, a petition for a rehearing will be entertained. The right to a rehearing is not a legal right, but one which the courts allow of their own motion.</p>