McCuen v. Grand Lodge of Arkansas I. O. O. F.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fullt, Judge; The original complaint did not state a cause of action and it was within the discretion of the court to refuse to allow an amendment to he made, making new parties to the proceeding. 34 Ark. 144; Robertson Co. v. Rich Const.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fullt, Judge; The original complaint did not state a cause of action and it was within the discretion of the court to refuse to allow an amendment to he made, making new parties to the proceeding. 34 Ark. 144; Robertson Co. v. Rich Const. Co.; 139 Ark. 299; 94 Ark. 277. The error complained of is not here for review. 148 Ark. 316; 122 Ark. 148, The appellee and its subordinate lodges do not come within the fraternal benefit society act of 1917, therefore the attempt to sue Far West Lodge and the Arkansas City Lodge can not be sustained…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action in the circuit court of Pulaski County against the appellees, Grand Lodge of Independent Order of Odd Fellows of Arkansas, a fraternal society, and against Far West Lodge I. O. O. F.., a subordinate branch of the society at Little Rock, and Lodge No. 495 I. O. O. F., another subordinate branch of the Grand Lodge, located in Desha County, at Arkansas City.
The action was instituted to recover the sum of forty dollars, alleged to be due on contract concerning the payment of burial expenses of appellant’s son, who was a member of the fraternity.
Neither the Grand…
2Cases cited2 opinions
- Kansas City Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1912
- S. R. Morgan & Co. v. PaceSupreme Court of Arkansas · 1920