Legal Opinion

Johansen v. Blume

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 8 opinions

Appeal by the plaintiff, Niels Johansen, from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 18th day of October, 1899, affirming a judgment of the Municipal Court of the city of Syracuse, dismissing the complaint. The defendant was president of the local organization named in the caption, and plaintiff was one of its members.

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Appeal by the plaintiff, Niels Johansen, from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 18th day of October, 1899, affirming a judgment of the Municipal Court of the city of Syracuse, dismissing the complaint. The defendant was president of the local organization named in the caption, and plaintiff was one of its members. It was an unincorporated branch of a society extending generally throughout the United States, and was designed, among other objects, for providing a benefit fund for its…

1Opinion of the Court

Spring. J.:

The only question involved on this appeal is the regularity of too proceedings culminating in the. expulsion of plaintiff. He was informed both by letter and orally of the charges against him and did not appear, nor did lie ask for any adjournment. Jurisdiction of the person was acquired by the written notice served upon him, and the entire course pursued seems to have been in conformity to the constitution of the association.

The sub-committee chosen to visit him were given no authority. They were selected to investigate, to acquire information, but ultimate action was taken by the…

2Cases cited4 opinions

  1. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
  2. Lafond v. . DeemsNew York Court of Appeals · 1880
  3. Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
  4. Bachmann v. New Yorker Deutcher Arbiter BundNew York Supreme Court · 1882

3Cited by8 opinions

  1. Brown v. Harris County Medical Soc.Court of Appeals of Texas · 1917
  2. Brown v. Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1901
  3. Murray v. Supreme Hive of the Ladies of the Maccabees of the WorldTennessee Supreme Court · 1904
  4. Shirtcliffe v. WallAppellate Division of the Supreme Court of the State of New York · 1902
  5. National Council of Knights & Ladies of Security v. TurovhSupreme Court of Minnesota · 1917

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