Wilcox v. Supreme Council of the Royal Arcanum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Clara Wilcox, from an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 1st day of March, 1910, granting the defendant’s motion to set aside a verdict in favor of the plaintiff and for a new trial made upon the minutes. This case was transferred from the Fourth Department to the Third Department of the Appellate Division.
1Opinion of the Court
Betts, J.:
The opinion of the trial judge in this case is reported in 66 Miscellaneous Reports, 253. It probably sets forth a sufficient statement of the facts herein and reference' is made thereto. The husband of the plaintiff had been a member of the *298Royal Arcanum. That" order had attempted to expel him. The trial judge held that Frank Z. Wilcox was not tried by a tribunal properly constituted for the trial of such charges and that the tribunal selected could not properly try him. With that holding of his I agree fully and for the very excellent reasons which he gives for such holding.
He,…
2Cases cited4 opinions
- Faith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Faith v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1906
- Herman v. P. H. Fitzgibbons Boiler Co.Appellate Division of the Supreme Court of the State of New York · 1910
- In re WilcoxAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Moers v. GilbertNew York Supreme Court · 1941
- Daele v. VinciAppellate Court of Illinois · 1970
- Robb v. Robb Jr.District Court, S.D. New York · 2024