Tucker v. Kirkpatrick

Citations

• 106 Kan. 881
• 189 P. 946
• 1920 Kan. LEXIS 674

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Beneficiary Societies — Laws Construed Most Favorably to Members. Rule applied that laws of a benefit association are to be construed most favorably to members when their rights as holders of benefit certificates are affected.</p> <p>2. Same — Constitution and By-laws Interpreted — Right of Members to Appeal to Supreme Council. The constitution and by-laws of a benefit association interpreted, and held, members of a subordinate council have a right to appeal to the supreme council from the decision of a committee having jurisdiction of the subject dissolving the subordinate council. Held further, the members have a right, in such a case, to petition the supreme council for redress of grievance.</p> <p>3. Same — Mandamus to Restore Charter to Subordinate Council — Writ Denied. Writ of mandamus to restore the charter of a dissolved subordinate council denied to members who did not invoke remedies provided by the laws of the association.</p>