Commonwealth ex rel. Fischer v. German Society
Supreme Court of Pennsylvania
Error to' the Common Pleas of Philadelphia. This was an alternative mandamus issued on the petition of the relator, John G. Fischer, to restore him to his office and place as a member of “ The German Society for Mutual Support and Assistance,” from which he had been expelled on the 5th June, 1849. The return set forth that true it was the relator was duly elected a member of the corporation; but that by the 29th article of their charter of incorporation, it was provided “…
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Error to' the Common Pleas of Philadelphia. This was an alternative mandamus issued on the petition of the relator, John G. Fischer, to restore him to his office and place as a member of “ The German Society for Mutual Support and Assistance,” from which he had been expelled on the 5th June, 1849. The return set forth that true it was the relator was duly elected a member of the corporation; but that by the 29th article of their charter of incorporation, it was provided “ that if any member shall attempt a fraud on the society or its treasury, in any manner whatever, or shall defame or injure…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The examination of the authorities cited and the argument of counsel have convinced us the judgment must be reversed and a peremptory mandamus awarded. All the causes of demurrer, with the exception of the fourth, are fully sustained by the cases. The law in this State is the same as in England and our sister States. All that is decided in the Com’th v. The Pike *255Beneficial Society, 8 W. & Ser. 247, and Toram v. The Howard Beneficial Association, 4 Barr 519, is, that we will not reverse the proceedings of a corporation upon the merits, when…
2Cited by8 opinions
- Falsetti v. Local Union No. 2026, United Mine Workers of AmericaSupreme Court of Pennsylvania · 1960
- Medical Soc. of Mobile County v. WalkerSupreme Court of Alabama · 1944
- Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
- Carlin v. Ancient Order of HiberniansSuperior Court of Pennsylvania · 1913
- Crow v. Capital City CouncilSuperior Court of Pennsylvania · 1904
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