Von Arx v. San Francisco Gruetli Verein

Citations

• 113 Cal. 377
• 45 P. 685
• 1896 Cal. LEXIS 798

Syllabus

<p>Mutual Aid Society—Property Rights of Members—Jurisdiction of Courts. —The code of this state recognizes voluntary associations organized for mutual aid and benevolence, and courts have jurisdiction to protect the property rights of members of such associations.</p> <p>Id.—Exclusion of Member—By-laws—Notice of Proceeding—Opportunity to Defend—Mandamus—Reinstatement.—Where a member has been excluded from a mutual aid society in accordance with reasonable by-laws, the courts will not ordinarily interfere; but where there are no by-laws applicable to the difficulty, the court will inquire whether or not an expelled member has had a reasonable notice of the proceeding which resulted in his expulsion, and a fair opportunity of presenting his defense in accordance with the general principles of right and justice, and, if not, mandamus will lie to compel the association to reinstate the excluded member.</p>