Bonham v. Brotherhood of Railroad Trainmen
Supreme Court of Arkansas
Appeal from Baxter Chancery Court; L. F. Reeder, Chancellor; STATEMENT OE FACTS. W. Gr. Bonham was expelled from the Brotherhood of Railroad Trainmen, a fraternal association, on the charge of having committed adultery with the wife of his brother, A. G. Bonham. The prayer of his complaint was for a mandatory injunction to compel the association to restore him to membership and for damages for his alleged wrongful expulsion therefrom.
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Appeal from Baxter Chancery Court; L. F. Reeder, Chancellor; STATEMENT OE FACTS. W. Gr. Bonham was expelled from the Brotherhood of Railroad Trainmen, a fraternal association, on the charge of having committed adultery with the wife of his brother, A. G. Bonham. The prayer of his complaint was for a mandatory injunction to compel the association to restore him to membership and for damages for his alleged wrongful expulsion therefrom. The material facts are as follows: W. G. Bonham and A. Y. Bonham, his brother, were both members of the Brotherhood of Railroad Trainmen, which was organized…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the plaintiff insists that one wrongfully expelled from a fraternal benefit society is not bound, to exhaust his remedy within the order before seeking a remedy in the civil courts to be restored to membership and for damages for the wrongful expulsion.
Counsel insists that the expulsion was wrongful because he was not given a fair trial within the meaning of the by-laws of the association in that he was not permitted to testify and under oath deny that he was guilty of the charges preferred against him.
In Independent Order of Sons and Daughters of Jacob…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. ThompsonTexas Supreme Court · 1908
- Independent Order of Sons & Daughters of Jacob of America v. WilkesMississippi Supreme Court · 1910
3Cited by2 opinions
- Micklish v. Grand Lodge of Loyal StarSupreme Court of Arkansas · 1924
- Stipsky v. Non-Commissioned Officers Ass'n of AmericaDistrict Court, E.D. Arkansas · 1985