Medical & Surgical Society of Montgomery County v. Weatherly
Supreme Court of Alabama
Appk.vl from City Court of Montgomery. Tried before Hon. T. M. AiiringtoN. This was an application by J. S. Weatherly, a licensed and practicing physician, residing in the city of Montgomery, for a writ of mandamus against the Medical and Surgical Society of Montgomery County, a body corporate, to compel the respondent to restore the relator to membership and office in said society.
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Appk.vl from City Court of Montgomery. Tried before Hon. T. M. AiiringtoN. This was an application by J. S. Weatherly, a licensed and practicing physician, residing in the city of Montgomery, for a writ of mandamus against the Medical and Surgical Society of Montgomery County, a body corporate, to compel the respondent to restore the relator to membership and office in said society. The petition, after averring the incorporation of the society by an act of the General Assembly of this State, approved February 6th, 1866, and the subsequent adoption of a constitution for its government, and…
1Opinion of the Court
SOMERY1LLE, J.
This is an application for the writ of mandamus by the relator, Dr. J. S. Weatherly, a licensed and practicing physician, seeking to vacate certain proceedings of the Medical and Surgical Society of Montgomery County, a voluntary association incorporated under the laws of this State by whose corporate action he claims to have been irreguarly, and illegally deprived of his membership in said society, and excluded from its privileges.
We can entertain no doubt of the jurisdiction of the courts of this State to interfere, in all proper cases, by mandamus, as an appropriate remedy…
2Cases cited11 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- People Ex Rel. Bartlett v. Medical Society of ErieNew York Court of Appeals · 1865
- State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
- Warner v. MowerSupreme Court of Vermont · 1839
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3Cited by33 opinions
- St. John Dixon v. Alabama State Board of EducationCourt of Appeals for the Fifth Circuit · 1961
- Screwmen's Benevolent Ass'n v. BensonTexas Supreme Court · 1890
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Medical Soc. of Mobile County v. WalkerSupreme Court of Alabama · 1944
- McDonald v. Supreme Council of the Order of Chosen FriendsCalifornia Supreme Court · 1888
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