Legal Opinion

Gorman v. Russell

California Supreme Court

Decided July 1, 1860PublishedCited by 28 opinions

Appeal from the Twelfth District. Defendants demurred to the complaint on the grounds, that the Court had no jurisdiction either as to the persons of the defend ants or the subject matter of the action; that there was a defect of parties plaintiff, and a misjoinder thereof; as also of parties defendant; and that the complaint does not state facts sufficient to constitute a cause of action. From, final judgment in favor of defendants on demurrer, plaintiffs appeal.

1Opinion of the CourtBaldwin, J.

The plaintiffs filed their bill in the District Court to dissolve an association known as the “Riggers and Stevedore’s Union Association of San Francisco.” The constitution of this association provides for the collection of an initiation fee from the members; also, weekly dues, fines, etc. By the tenth article of the bylaws, it is provided that any member of the association shall, if sick or disabled so as to prevent him from working or pursuing his ordinary business, receive from the funds of the society ten dollars a week, provided such sickness or distress is not brought on himself by…

2Cases cited1 opinion

  1. Hess v. WertsSupreme Court of Pennsylvania · 1818

3Cited by28 opinions

  1. Weaver v. Pasadena Tournament of Roses Ass'nCalifornia Supreme Court · 1948
  2. Estate of HendersonCalifornia Supreme Court · 1941
  3. Chance v. Superior CourtCalifornia Supreme Court · 1962
  4. Brown v. La Société Française De Bienfaisance MutuelleCalifornia Supreme Court · 1903
  5. Societe Francaise De Bienfaisance Mutuelle De Los Angeles v. FlintCalifornia Supreme Court · 1920

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