Benson v. Screwmen's Benevolent Assn.
Court of Appeals of Texas
Plaintiff, in substance, alleges, that at a clandestine and secret meeting, of the board authorized by the association to try members for violation of its rules and by-laws, he was unlawfully expelled from the association for a violation of section 1, article 6, of by-laws, which provides, that-any member who by words or actions directly or indirectly injures or endeavors to injure the reputation of the association, shall, upon conviction, be suspended or expelled.
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Plaintiff, in substance, alleges, that at a clandestine and secret meeting, of the board authorized by the association to try members for violation of its rules and by-laws, he was unlawfully expelled from the association for a violation of section 1, article 6, of by-laws, which provides, that-any member who by words or actions directly or indirectly injures or endeavors to injure the reputation of the association, shall, upon conviction, be suspended or expelled. The offense charged against him was the employment of outsiders in a way and at times not authorized by the rules of the…
1Opinion of the Court
WILLIAMS, Associate Justice.
This case was formerly before the Supreme Court, and its decision is reported in 76 Texas, 552. It was there held, that a mandamus to compel the defendant to reinstate the plaintiff as one of its members should be denied, because it appeared from the allegations of the petition that plaintiff had a remedy by appeal to the association from the action of its board of trustees expelling him therefrom. It was said in the opinion: ■“ We think it matters not that the order of expulsion may have been contrary to law and void, and such as this court would not hesitate to…
2Cases cited2 opinions
- Screwmen's Benevolent Ass'n v. BensonTexas Supreme Court · 1890
- Ludowiski v. Polish Roman Catholic St. Stanislaus Kostka Benevolent SocietyMissouri Court of Appeals · 1888
3Cited by11 opinions
- Westlake Community Hospital v. Superior CourtCalifornia Supreme Court · 1976
- International Printing Pressmen & Assistants' Union v. SmithTexas Supreme Court · 1946
- International Printing Pressmen & Assitant's Union of North America v. SmithTexas Supreme Court · 1946
- Lone Star Lodge, Knights & Ladies of Honor v. ColeCourt of Appeals of Texas · 1910
- Kopke v. RanneyWisconsin Supreme Court · 1962
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