Union Fraternal League of Boston v. Johnston
Supreme Court of Georgia
Appeal. Before Judge Hammond. Richmond superior court.. June 3, 1905. Johnston sned tbe Union Fraternal League of Boston, Massachusetts, in a justice’s court, for $100, on a “sick or benefit claim,”' under a benefit certificate issued to him by the defendant. From a judgment against the defendant, in the justice’s court, it appealed to the superior court, where a verdict was rendered against the defendant; and its motion for a new trial having been overruled, it excepted.
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Appeal. Before Judge Hammond. Richmond superior court.. June 3, 1905. Johnston sned tbe Union Fraternal League of Boston, Massachusetts, in a justice’s court, for $100, on a “sick or benefit claim,”' under a benefit certificate issued to him by the defendant. From a judgment against the defendant, in the justice’s court, it appealed to the superior court, where a verdict was rendered against the defendant; and its motion for a new trial having been overruled, it excepted. The defendant resisted the plaintiff’s action, on the ground that he was not entitled to sue, for the reason that he had…
1Opinion of the CourtFish, C. J.
(After stating the facts.) 1. A member of a benefit society must, in applying for benefits under its by-laws, follow *905the procedure therein prescribed. It is a well-settled rule, that, before resorting to the civil courts for redress, a member must exhaust all the remedies provided by the society by appeal or otherwise. Bacon, Ben. Soc. & Life Ins. §94. In Harrington v. Workingmen’s Benevolent Association, 70 Ga. 340, it. appeared that the by-laws of the association provided, that no claim for benefit would be received or acted on except through the sick committee and on a doctor’s certificate…
2Cases cited2 opinions
- Harrington v. Workingmen's Benevolent Ass'nSupreme Court of Georgia · 1883
- McMurria v. Powell Bros. & ChasonSupreme Court of Georgia · 1904
3Cited by6 opinions
- Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
- Hornady v. GoodmanSupreme Court of Georgia · 1928
- Smooth Ashlar Grand Lodge v. OdomCourt of Appeals of Georgia · 1975
- Pipkin v. Order of Railway Conductors of AmericaSupreme Court of Georgia · 1933
- Collins v. Merritt-Chapman & ScottCourt of Appeals of Georgia · 1955
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