State v. Williams
Supreme Court of North Carolina
Indictment for an Assault and Battery, tried before Moore,, J., at Spring Term, 1876,. of Martin Superior Court. The defendants and the prosecutrix were members of a, benevolent society in Hamiton, N. C;, known as the “ Good Samaritans,” which Society had certain rules and ceremonies known as the ceremonies of initiation' into and expulsion from the Society.
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Indictment for an Assault and Battery, tried before Moore,, J., at Spring Term, 1876,. of Martin Superior Court. The defendants and the prosecutrix were members of a, benevolent society in Hamiton, N. C;, known as the “ Good Samaritans,” which Society had certain rules and ceremonies known as the ceremonies of initiation' into and expulsion from the Society. The prosecutrix, having been remiss in some of her cbli-gations, and having been called upon to explain, became ' violent. The defendants with others, proceeded to perform the ceremony of expulsion, which consisted in suspending her from…
1Opinion of the CourtBynum, J.
When the prosecutrix refused to submit to the ceremony of expulsion established by this benevolent Society, it could not be lawfully inflicted. Rules of discipline for this and all voluntary associations must conform to the laws. If the act of tying this woman would have been a battery had the parties concerned not been members of the Society of “ Good Samaritans,” it is not the less a *136battery because they were all members of that humane institution. The punishment inflicted upon the person of the prosecutrix was wilful, violent and against her consent, and thus contained all the elemenis of…
2Cited by4 opinions
- Bear v. HeasleyMichigan Supreme Court · 1893
- State v. AdamsSupreme Court of North Carolina · 1980
- Jumper v. Sovereign Camp Woodmen of WorldCourt of Appeals for the Fifth Circuit · 1904
- Van Houten v. PineNew Jersey Court of Chancery · 1882