Legal Opinion

Mazurkiewicz v. St. Adelbertus Aid Society

Michigan Supreme Court

Decided June 17, 1901PublishedCited by 4 opinions

Certiorari to Kent; Perkins, J. Mandamus by Franciszck Mazurkiewicz to compel the St. Adelbertus Aid Society of Grand Rapids to reinstate relator as a member of such society. From an order granting the writ, respondent brings, certiorari. The by-law in question is void as unreasonable, and not necessary to effect the object for which the society was incorporated.

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Certiorari to Kent; Perkins, J. Mandamus by Franciszck Mazurkiewicz to compel the St. Adelbertus Aid Society of Grand Rapids to reinstate relator as a member of such society. From an order granting the writ, respondent brings, certiorari. The by-law in question is void as unreasonable, and not necessary to effect the object for which the society was incorporated. Boehler v. Aid Society, 22 Mich. 86; Pulford v. Detroit Fire Department, 31 Mich. 458; Stewart v. Father Matthew Society, 41 Mich. 67 (1 N. W. 931); Allnutt v. High Court of Foresters, 62 Mich. 110 (28 N. W. 802); Erd v. Belief…

1Opinion of the CourtLong, J.

This was an application for a mandamus, made to the court below to compel the respondent society to reinstate relator as a member of that society, from which it is claimed he has been unlawfully expelled. There are only two questions involved:

1. Is subdivision c, § 5, of article 12, which reads as follows: “ No member of the St. Adelbertus Aid Society of Grand Rapids, Michigan, can be a member of any society that is not approved by the Roman Catholic Church,”—a valid, legal, and binding by-law of said respondent society ?

2. Was relator legally expelled from the respondent society ?

It appears…

2Cases cited3 opinions

  1. Van Poucke v. Netherland St. Vincent De Paul SocietyMichigan Supreme Court · 1886
  2. Douville v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1897
  3. Bretzlaff v. Evangelical Lutheran St. John's Sick-Benefit SocietyMichigan Supreme Court · 1900

3Cited by4 opinions

  1. Paulson v. PaulsonWisconsin Supreme Court · 1906
  2. Laue v. Grand FraternityTennessee Supreme Court · 1915
  3. Barry v. Order of the Catholic Knights of WisconsinWisconsin Supreme Court · 1903
  4. Murray v. Supreme Hive of the Ladies of the Maccabees of the WorldTennessee Supreme Court · 1904

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