Marion Beneficial Society v. Commonwealth ex rel. Drake
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia.* This was an alternative mandamus, issued on the petition of the relator, Timothy Drake, to restore him to his office and place as a- member of the Marion- Beneficial Society, from which he had been expelled on the 10th February 1853. The return set forth that true it was, the relator was duly admitted a member of the corporation on the 6th June 1833; but that by the 9th and 13th articles of their charter of incorporation, it was…
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Error to the Common Pleas of Philadelphia.* This was an alternative mandamus, issued on the petition of the relator, Timothy Drake, to restore him to his office and place as a- member of the Marion- Beneficial Society, from which he had been expelled on the 10th February 1853. The return set forth that true it was, the relator was duly admitted a member of the corporation on the 6th June 1833; but that by the 9th and 13th articles of their charter of incorporation, it was provided “ that candidates for membership shall he men of good moral character, free from all bodily infirmities,” &c.;…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The Act of 14th June 1886, gives the right to recover damages in the writ of mandamus, as in an action for a false return of such writ. The evidence tending to show that the relator was in a condition which entitled him to the aid of the society, was therefore pertinent on the question of damages.
If the respondent’s counsel had offered to read the pleadings in the cause for the purpose of showing to the jury what the issue was, the court ought to have permitted it; but when the offer was made to read the answer, in order that “ the jury…
2Cases cited1 opinion
- Slee v. BloomNew York Supreme Court · 1822
3Cited by4 opinions
- Hamill v. Supreme Council of the Royal ArcanumSupreme Court of Pennsylvania · 1893
- Langan v. Pittston School DistrictSupreme Court of Pennsylvania · 1939
- Bailey v. EdwardsMontana Supreme Court · 1913
- Spayd v. Ringing Rock LodgeSuperior Court of Pennsylvania · 1920