Langnecker v. Trustees of the Grand Lodge Ancient Order of United Workmen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Buffalo county: E. W. Helms, Circuit Judge. Action to recover on a benefit insurance certificate. The trial -was by the court.
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Appeal from a judgment of the circuit court for Buffalo county: E. W. Helms, Circuit Judge. Action to recover on a benefit insurance certificate. The trial -was by the court. The facts found were, in effect, that in October, 1881, upon the written application of Emil Bichter representing among other things that he was a saloon-keeper, defendant, a duly organized benevolent association authorized to do a life insurance business on the mutual assessment plan, accepted the applicant as a member and issued to him a certificate in due form; that by the terms of the application Bichter promised,…
1Opinion of the CourtMaeshall, J.
It is conceded that the proceeding to expel Eichter from defendant order was 'void, but it is said his remedy was by appeal. No reason is perceived why the rule does not apply, as contended by respondent’s counsel, that an appeal from an inferior to a superior tribunal to' avoid the effect of an absolutely void proceeding is unnecessary. So far as we have been able to discover, the courts that have passed upon the question have so held. Glardon v. Supreme Lodge K. of P. 50 Mo. App. 45; Mulroy v. Supreme Lodge K. of H. 28 Mo. App. 463; Hall v. Supreme Lodge K. of H. 24 Fed. Rep. 450. The…
2Cases cited14 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Bancroft v. DumasSupreme Court of Vermont · 1849
- High Court of the Independent Order of Foresters v. ZakIllinois Supreme Court · 1891
- Glardon v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reynolds v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1906
- Ellis v. American Federation of LaborCalifornia Court of Appeal · 1941
- Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
- Kulberg v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
16 more not listed; retrieve them via the Exa API.