In re Wilcox
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Frank Z. Wilcox, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 10th day of December, 1906, denying the petitioner’s motion for a, peremptory writ of mandamus to compel his reinstatement and restoration to membership in the Royal Arcanum, a fraternal beneficiary society, from which he had been expelled.
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Appeal by the petitioner, Frank Z. Wilcox, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 10th day of December, 1906, denying the petitioner’s motion for a, peremptory writ of mandamus to compel his reinstatement and restoration to membership in the Royal Arcanum, a fraternal beneficiary society, from which he had been expelled. The motion was denied, as appears by the order appealed from, “ on the ground that as regards the said Wiggins, the papers fail to show that the relator'has some right…
1Opinion of the Court
McLennan, P. J.:
The facts stated in the affidavits of the relator, upon which the motion was made, are in no manner controverted by the respondents, and, therefore, for the purposes of this appeal, such statements should be taken to be true and it must be assumed that the relator was improperly and illegally expelled from the society.
We consider it of no importance that the supreme regent had ceased to occupy that office before the decision of this motion. Whatever obligation rested upon him in the premises, equally rested upon his successor, whoever he might be, and if the relator is…
2Cases cited1 opinion
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
3Cited by8 opinions
- People Ex Rel. Solomon v. Brotherhood of Painters, Decorators & Paperhangers of AmericaNew York Court of Appeals · 1916
- Young v. JebbettAppellate Division of the Supreme Court of the State of New York · 1925
- Gallaher v. American LegionNew York Supreme Court · 1934
- Alfred Kohlberg, Inc. v. American Council of the Institute of Pacific Relations, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Colodney v. New York Coffee & Sugar Exchange, Inc.New York Supreme Court · 1956
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