Legal Opinion

Appeal of Sperry

Supreme Court of Pennsylvania

Decided May 16, 1887No. 377PublishedCited by 11 opinions

No. 377 January Term 1886, Sup. Ct.; Court below, No. 6 March Term 1884, C. P. in equity. I. D. Rosenberger filed a bill in equity in the court below against Aaron Sperry et al., members of Springhouse Lodge, No. 329, I. O. O. F. of Pennsylvania, setting forth a wrongful suspension from the lodge and praying for a decree of restoration to membership and an account of benefits to which he Was entitled.

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No. 377 January Term 1886, Sup. Ct.; Court below, No. 6 March Term 1884, C. P. in equity. I. D. Rosenberger filed a bill in equity in the court below against Aaron Sperry et al., members of Springhouse Lodge, No. 329, I. O. O. F. of Pennsylvania, setting forth a wrongful suspension from the lodge and praying for a decree of restoration to membership and an account of benefits to which he Was entitled. An answer having been filed, Mr. F. G. Hobson was appointed Master, who found the following facts: That the plaintiff was a member of said lodge from September 1, 1849, and in good standing…

1Opinion of the Court

Opinion,

Mr. Justice Gordon :

We are inclined to think that this case was not properly disposed of in the court below. The' learned master, properly apprehending that he must, under the authorities, confine himself to those questions which inYolved some infraction of the organic law of the society to which the plaintiff belonged, in other words, to some material irregularity in the proceedings which resulted in the complainant’s suspension, found two such infractions or irregularities. . The first of these is, that in the appointment of the trial committee there was not a strict compliance with…

2Cases cited2 opinions

  1. Streeper v. EckartSupreme Court of Pennsylvania · 1837
  2. M'Dermott's AppealSupreme Court of Pennsylvania · 1844

3Cited by11 opinions

  1. Falsetti v. Local Union No. 2026, United Mine Workers of AmericaSupreme Court of Pennsylvania · 1960
  2. Gordon v. TomeiSuperior Court of Pennsylvania · 1940
  3. Pitcher v. Board of TradeIllinois Supreme Court · 1887
  4. Abdon v. WallaceIndiana Court of Appeals · 1929
  5. Cimprich v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935

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