Weatherly v. Medical & Surgical Society
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Tilos. M. Arrington. This was an application by Dr. J. S. Weatherly, a licensed physician, residing in the city of Montgomer, for a writ of mandamus to the Medical and Surgical Society of Montgomery county, a private corporation, to compel the restoration of the relator to membership and office in said society ; and was filed, duly verified by affidavit, on the 19th August, 1884. The relator’s name was first…
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Appeal from the City Court of Montgomery. Tried before the Hon. Tilos. M. Arrington. This was an application by Dr. J. S. Weatherly, a licensed physician, residing in the city of Montgomer, for a writ of mandamus to the Medical and Surgical Society of Montgomery county, a private corporation, to compel the restoration of the relator to membership and office in said society ; and was filed, duly verified by affidavit, on the 19th August, 1884. The relator’s name was first struck from the rolls at a regular meeting of the society held in April, 1884 ; but, on his application for a mandamus,…
1Opinion of the CourtStone, C. J.
— When a case between these parties was before us at last term (75 Ala. 248), we ruled, that mandamus would lie to compel the restoration of a member of the society, who had been expelled therefrom by an order which did not conform to the constitution and by-laws of the corporation. We held the expulsion in that case wuis invalid, and that Dr. Weatherly still retained his membership. This conclusion, then expressed, was based upon the requirements of the constitution the society had adopted for its government. Such societies or corporations may make their own constitution and bylaws; and so…
2Cases cited4 opinions
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883
- State Auditor v. Jackson CountySupreme Court of Alabama · 1880
- Treasurer of Mobile v. HugginsSupreme Court of Alabama · 1845
3Cited by18 opinions
- Dawkins v. WalkerSupreme Court of Alabama · 2001
- Wells v. Mobile County Bd. of Realtors, Inc.Supreme Court of Alabama · 1980
- Diedrick v. HelmSupreme Court of Minnesota · 1944
- Medical Soc. of Mobile County v. WalkerSupreme Court of Alabama · 1944
- Gulf South Conference v. BoydSupreme Court of Alabama · 1979
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