Commonwealth v. Union League
Supreme Court of Pennsylvania
ARRE AT, BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 203 January Term 1890, Sup. Ct.; court below, No. 657 Marcli Term 1883, C. P. No. 3. On May 28, 1883, Arthur Burt presented a petition in the court below for a writ of mandamus, directed to the Union League of Philadelphia, commanding it to restore the petitioner, or show cause why he should not be restored, to the rights and privileges of membership therein, from which, as his petition…
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ARRE AT, BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 203 January Term 1890, Sup. Ct.; court below, No. 657 Marcli Term 1883, C. P. No. 3. On May 28, 1883, Arthur Burt presented a petition in the court below for a writ of mandamus, directed to the Union League of Philadelphia, commanding it to restore the petitioner, or show cause why he should not be restored, to the rights and privileges of membership therein, from which, as his petition averred, he had been irregularly and unlawfully expelled. Upon the filing of the petition, the court awarded a writ of…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This proceeding in the court below was a mandamus, brought by Arthur Burt, to compel the Union League of Philadelphia to reinstate him to membership in the league, from which he had been expelled. The petition was filed, and the alternative writ issued, on May 28, 1883, and on June 23d thereafter, the defendant’s return was filed. The relator thereupon put in a plea traversing the return, but afterwards withdrew the plea, and filed a demurrer; all relevant matters contained in the return must necessarily, therefore, be deemed admitted and accepted as true. By the…
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