Legal Opinion

Rueb v. Rehder

New Mexico Supreme Court

Decided August 28, 1918No. 2178, 2179PublishedCited by 20 opinions

Appeal from District Court, Bernalillo County; Ray-nolds, Judge. Actions by John Rueb and by T. J. Ford against Harry J. Rehder and others. The cases were consolidated, complaints dismissed, and plaintiffs appeal. What transpired at former trial of member in association may be proved by parol. MeKelvey on Evid., 344; Jones on Evid. (pocket ed.), Par. 203. Member does not have to appeal from void expulsion.-Mulroy v. Supreme Lodge of Knights, etc., 28 Mo.

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Appeal from District Court, Bernalillo County; Ray-nolds, Judge. Actions by John Rueb and by T. J. Ford against Harry J. Rehder and others. The cases were consolidated, complaints dismissed, and plaintiffs appeal. What transpired at former trial of member in association may be proved by parol. MeKelvey on Evid., 344; Jones on Evid. (pocket ed.), Par. 203. Member does not have to appeal from void expulsion.-Mulroy v. Supreme Lodge of Knights, etc., 28 Mo. App. 463; Pickering v. Palmer, 138 Pac. 198. Expulsion after .trial at which no evidence is introduced is void. 44 N. E. 84; 44 N. E. 91.…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, J.

This is a consolidated case, made up of two cases which were brought and tried in the district court of Bernalillo county upon the same questions of law and fact. The pleadings, evidence, and final judgment in each ease are exactly alike. The purpose of each suit was to enjoin the defendants, who were all the members and the officers of the Rio Puerco Division No. 446, of the Brotherhood of Locomotive Engineers, from refusing to recognize the plaintiff in each ease as a member of the said association, and from denying them the rights and privileges of…

2Cases cited21 opinions

  1. St. Louis Southwestern Railway Co. v. ThompsonTexas Supreme Court · 1908
  2. Screwmen's Benevolent Ass'n v. BensonTexas Supreme Court · 1890
  3. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
  4. Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
  5. Matter of Brown v. . Order of ForestersNew York Court of Appeals · 1903

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3Cited by20 opinions

  1. Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
  2. Medical Soc. of Mobile County v. WalkerSupreme Court of Alabama · 1944
  3. Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
  4. O'Neill v. United Ass'n of Journeymen PlumbersSupreme Court of Pennsylvania · 1944
  5. Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938

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