Legal Opinion

Jinks v. Banner Lodge No. 484

Supreme Court of Pennsylvania

Decided January 5, 1891No. 171PublishedCited by 7 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 171 October Term 1890, Sup. Ct.; court below, No. 497 September Term 1888, C. P. No. 1, in Equity.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 171 October Term 1890, Sup. Ct.; court below, No. 497 September Term 1888, C. P. No. 1, in Equity. On July 31, 1888, Mary S. Jinks, filed a bill in equity against the Banner Lodge, No. 484, the Grand Lodge, and the Supreme Lodge, of the Ladies and Knights of Honor, and Salome Reeg, in substance averring: That in 1881, Martin Reeg became a member of Banner Lodge No. 484 of the Ladies and Knights of Honor, and received a benefit certificate for $2,000, payable at his death to Salome Reeg, his wife; that on August…

1Opinion of the Court

Peh Curiam:

The learned master appears to have been of opinion that this case did not come within the equity jurisdiction of the court below, for the reason that the plaintiff had an adequate remedy at law. In this, he was perhaps correct. He says, however, that at the final hearing “the defendants requested and agreed that whatever doubt existed as to the jurisdiction in equity should be resolved in favor of the jurisdiction; it being the desire of the defendants, as well as the plaintiff, to settle in this proceeding all questions of title touching the fund in controversy.” We do not favor…

2Cited by7 opinions

  1. Sproat v. Travelers Insurance Co.Supreme Court of Pennsylvania · 1927
  2. Dell v. VarnedoeSupreme Court of Georgia · 1918
  3. Independent Foresters v. KeliherOregon Supreme Court · 1899
  4. Gordon, SEC. of Bk. v. BiesingerSupreme Court of Pennsylvania · 1938
  5. Jones v. AmselSupreme Court of Pennsylvania · 1957

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