Legal Opinion

Huth v. Humboldt Stamm, No. 153

Supreme Court of Connecticut

Decided December 5, 1891PublishedCited by 8 opinions

Action against an unincorporated association by one of its members; brought to the Superior-Court in Fairfield County. Demurrer by defendant. Heard before Thayer, J. Complaint held insufficient and judgment rendered for the defendant, and appeal by plaintiff. The ease is fully stated in the opinion.

1Opinion of the CourtAndrews, C. J.

There are five reasons of appeal set out in the record. Only one — the fifth — is pursued in the appellant’s brief, namely, that “ the court erred and mistook the law in sustaining the demurrer, and thereby deciding that a member of a voluntary association, unincorporated, cannot, under the statute of Connecticut, institute and maintain an action at law against the association.”

The statute to which reference is made is section 979 of the General Statutes. The act which is now that section was first passed in 1864. Prior to that time there was an act — now section 895 of the General Statutes —…

2Cases cited1 opinion

  1. Cheeny v. ClarkSupreme Court of Vermont · 1830

3Cited by8 opinions

  1. Koogler v. KooglerOhio Supreme Court · 1933
  2. Atkinson v. ThompsonCourt of Appeals of Texas · 1958
  3. Fray v. Amalgamated Meat Cutters & Butcher Workmen of North AmericaWisconsin Supreme Court · 1960
  4. McClees v. Grand International Brotherhood of Locomotive EngineersOhio Court of Appeals · 1938
  5. Brotherhood of Railroad Trainmen v. AllenCourt of Appeals of Texas · 1950

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