Legal Opinion

Black & White-Smiths' Society v. Vandyke

Supreme Court of Pennsylvania

Decided February 18, 1837PublishedCited by 20 opinions

This was a writ of error to the Court of Common Pleas for the City and County of Philadelphia, to remove the record of an action on the case, brought by Isaac Vandyke against “The Journeymen Black and White Smiths’ Beneficial Society of the City and County of Philadelphia.” , , The defendants were incorporated by charter, approved by the Judges of the Supreme Court and by the Attorney-General, and duly enrolled on the 12th of February, 1829. The plaintiff had been for…

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This was a writ of error to the Court of Common Pleas for the City and County of Philadelphia, to remove the record of an action on the case, brought by Isaac Vandyke against “The Journeymen Black and White Smiths’ Beneficial Society of the City and County of Philadelphia.” , , The defendants were incorporated by charter, approved by the Judges of the Supreme Court and by the Attorney-General, and duly enrolled on the 12th of February, 1829. The plaintiff had been for several years a member of this corporation. The charter contained the following provisions, among others: “ Article VII. Sec.…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

It is said that by-laws preclusive of recourse to remedies beyond the corporate jurisdiction, are void, because the general legislative power only is adequate to take from the citizen his remedy by due course of law. But a corporator may undoubtedly surrender, by consent, a matter of common right, which he could not be deprived of by a by-law that had not received his assent. Astley v. The Whitstable Company, (17 Ves. 323.) Independently of implied assent, the by-laws of a municipal corporation, within the scope of its corporate powers,…

2Cases cited1 opinion

  1. Slee v. BloomNew York Supreme Court · 1822

3Cited by20 opinions

  1. Bauer v. Samson LodgeIndiana Supreme Court · 1885
  2. Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
  3. Anacosta Tribe, No. 12 v. MurbachCourt of Appeals of Maryland · 1859
  4. People Ex Rel. Johnson v. New York Produce ExchangeNew York Court of Appeals · 1896
  5. Canfield v. Great Camp of the Knights of the MaccabeesMichigan Supreme Court · 1891

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