Froelich v. Musicians Mutual Benefit Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. Tbe position of the respondent is fatally inconsistent. He denies the right of -his fellow-members, with or without by-law therefor, to make him aid them in strikes; but still he would enjoy the benefits derived from strikes and similar tactics.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. Tbe position of the respondent is fatally inconsistent. He denies the right of -his fellow-members, with or without by-law therefor, to make him aid them in strikes; but still he would enjoy the benefits derived from strikes and similar tactics. He invokes the aid of a court of equity on the only possible ground, that of a property right; which he claims under by-laws providing for sick and mortuary benefits. Yet these by-laws can not, for the purposes of this case, be separated from and must be considered with certain…
1Opinion of the Court
BLAND, P. I.
Plaintiff is a member of the defendant association. During the strike of the employees of the St. Louis Transit Company ¿Lo the city of St. Louis, in the spring and summer of 1900, plaintiff rode on the street cars of the transit company for which he w.as fined five dollars by the defendant. Refusing to pay this fine the association was proceeding to expel him when he procured from the circuit court of the city of St. Louis an order restraining the defendant from expelling him. On final trial the injunction was made perpetual. Defendant appealed. The association is unincorporated…
2Cases cited4 opinions
- More v. BennettIllinois Supreme Court · 1892
- State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
- Lysaght v. St. Louis Operative Stonemasons' Ass'nMissouri Court of Appeals · 1893
- Grand Lodge Knights of Pythias v. People ex rel. Waldeck Lodge No. 136 Knights of PythiasAppellate Court of Illinois · 1895
3Cited by12 opinions
- Gordon v. TomeiSuperior Court of Pennsylvania · 1940
- L. D. Willcutt & Sons Co. v. DriscollMassachusetts Supreme Judicial Court · 1908
- Fisher Flouring Mills Co. v. SwansonWashington Supreme Court · 1913
- Gardner v. NewbertIndiana Court of Appeals · 1920
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
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