Nichols v. Bardwell Lodge No. 179 I. O. O. F.
Court of Appeals of Kentucky
Case 14 — ACTION FOR MONEY HAD AND RECEIVED 1. Demurrer to the petition should have been sustained because there is no allegation of the corporate capacity of the plaintiff. Its allegation in that regard is a mere conclusion of law. Nor is it alleged that the Grand Lodge oí Kentucky is a corporation. Under sub-sec. 2, sec. 119, the private act incorporating the Grand Lodge must have been set out.
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Case 14 — ACTION FOR MONEY HAD AND RECEIVED 1. Demurrer to the petition should have been sustained because there is no allegation of the corporate capacity of the plaintiff. Its allegation in that regard is a mere conclusion of law. Nor is it alleged that the Grand Lodge oí Kentucky is a corporation. Under sub-sec. 2, sec. 119, the private act incorporating the Grand Lodge must have been set out. City of Covington v. Hoadley, 83 Ky., 444. 2. If it be assumed that the Grand Lodge is a corporation it can not be assumed that by virtue of its charter it has power to create subordinate lodges…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
Appellee alleges that it is a branch of the Grand Lodge of the Independent Order of Odd Fellows of Kentucky, and that, by virtue of the charter granted to the Grand Lodge of Kentucky, it is a corporation authorized to sue and be sued in its corporate name; that Merritt Lodge, No. 117, was also a branch of the same order, and that it voluntarily disbanded as a separate organization, and by the consent and direction of the Grand Lodge its members were transferred to and became members of Bardwell Lodge, No. 179, without the payment of any…
2Cases cited3 opinions
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
- Henderson & Nashville Railroad v. LeavellCourt of Appeals of Kentucky · 1855
- City of Covington v. HoadleyCourt of Appeals of Kentucky · 1885
3Cited by5 opinions
- Jackson v. International Union of Operating EngineersCourt of Appeals of Kentucky (pre-1976) · 1948
- Cox v. Government Employees Ins.Court of Appeals for the Sixth Circuit · 1942
- Business Realty, Inc. v. Noah's Dove Lodge 20Court of Appeals of Kentucky (pre-1976) · 1964
- Diamond Block Coal Co. v. United Mine WorkersCourt of Appeals of Kentucky · 1920
- Kale v. HumphreySupreme Court of Oklahoma · 1917