Heisinger v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from Marshall District Court. — B. F. Cummings, Judge. Ti-ie plaintiffs, as members of the defendant association, brought this action, on behalf of themselves and others similarly-situated, to enjoin the association and its officers from enforcing the provisions of certain of its by-laws adopted by the supreme lodge, which increased the rates of assessment of certain of its members and provided for their suspension in the event of their failure to pay said increased…
Read the full summary
Appeal from Marshall District Court. — B. F. Cummings, Judge. Ti-ie plaintiffs, as members of the defendant association, brought this action, on behalf of themselves and others similarly-situated, to enjoin the association and its officers from enforcing the provisions of certain of its by-laws adopted by the supreme lodge, which increased the rates of assessment of certain of its members and provided for their suspension in the event of their failure to pay said increased rates, and to enjoin defendants from suspending plaintiffs and members similarly situated. A temporary injunction was…
1Opinion of the CourtPreston, J.
The case is not before us on the merits, and the ultimate question whether, under the applications, the policies, and the by-laws, the rates could be raised, is not yet before us, unless, as we understand appellants to contend, this question may and should be now determined, as a matter of law. Appellees contend, on the other hand, that there are questions in the case as now presented which may not be so determined; that they are entitled to a hearing on the merits; and that the temporary injunction should be continued until final hearing. The issues as now presented, and as stated by…
2Cases cited22 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Mason v. MessengerSupreme Court of Iowa · 1864
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
17 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Watt Ex Rel. Raymond v. DunnSupreme Court of Iowa · 1945
- Yungclas v. YungclasSupreme Court of Iowa · 1931
- Benedict v. NielsenSupreme Court of Iowa · 1927
- Crawford v. ZiemanSupreme Court of Iowa · 1921