Legal Opinion

Malmsted v. Minneapolis Aerie, No. 34

Supreme Court of Minnesota

Decided May 20, 1910No. Nos. 16,576—(59)PublishedCited by 14 opinions

Action in the district court for Hennepin county against Minneapolis Aerie No. 34 and Grand Aerie, Fraternal Order of Eagles, to recover $25,000 for an alleged unlawful ejection and expulsion from defendant society. The separate answer of the Grand Aerie averred that if the acts alleged were wrongfully done they were performed without the knowledge or authority of the answering defendant.

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Action in the district court for Hennepin county against Minneapolis Aerie No. 34 and Grand Aerie, Fraternal Order of Eagles, to recover $25,000 for an alleged unlawful ejection and expulsion from defendant society. The separate answer of the Grand Aerie averred that if the acts alleged were wrongfully done they were performed without the knowledge or authority of the answering defendant. The answer of the Minneapolis Aerie alleged plaintiff had not appealed from the action of the lodge to the Grand Aerie. The replies were general denials. The case was tried before Brooks, J., and a jury…

1Opinion of the CourtJaggard, J.

Plaintiff and respondent sued the Minneapolis subordinate Order of Eágles and the Grand Aerie of Eagles for having wrongfully and unlawfully expelled him from the local lodge and prevented him from participation in any of its proceedings. The evidence showed that the affairs of the local lodge came to be “in bad shape.” The charter of the local lodge had been suspended by the Grand Worthy President with the approval of the trustees. That officer in the course of negotiations agreed to remove the suspension and reinstate the charter on condition that new officers be put into the place of the…

2Cases cited12 opinions

  1. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
  2. Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
  3. Karcher v. Supreme Lodge Knights of HonorMassachusetts Supreme Judicial Court · 1884
  4. Lahiff v. Saint Joseph's Total Abstinence & Benevolent SocietySupreme Court of Connecticut · 1904
  5. People ex rel. Dilcher v. German United Evangelical Saint Stephen's Church of BuffaloNew York Court of Appeals · 1873

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Silver v. New York Stock ExchangeSupreme Court of the United States · 1963
  2. Benson Cooperative Creamery Ass'n v. First District Ass'nSupreme Court of Minnesota · 1967
  3. Ellis v. American Federation of LaborCalifornia Court of Appeal · 1941
  4. Rueb v. RehderNew Mexico Supreme Court · 1918
  5. High v. Supreme Lodge of the WorldSupreme Court of Minnesota · 1943

9 more not listed; retrieve them via the Exa API.

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