Fletcher v. Tribe
Superior Court of Pennsylvania
Appeal, No. 136, Oct. T., 1898, by defendants, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1897, No. 1301, in favor of plaintiff for want of a sufficient affidavit of defense. Smith, J., dissents. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 136, Oct. T., 1898, by defendants, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1897, No. 1301, in favor of plaintiff for want of a sufficient affidavit of defense. Smith, J., dissents. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that assumpsit was brought by a member of the Gawanese Tribe, No. 281, Improved Order of Red Men, against the society eo nomine, and the writ was served upon the chief of records, or secretary thereof. The statement set forth that the defendant is a non-incorporated beneficial…
1Opinion of the Court
Opinion by
William W. Porter,
This suit is brought at common law by a member of an unincorporated beneficial society against the society eo nomine, for sick benefits alleged to be due and unpaid.
It is objected, both by demurrer and affidavit of defense, that the suit is improperly brought. The court below overruled the demurrer and entered judgment for want of a sufficient affidavit.
If the defendant were an unincorporated association other than amo-called beneficial society, this proceeding would be bad for want of parties defendant. The suit should have been against all or some (representing…
2Cases cited2 opinions
- Liederkranz Singing Society v. Turn-VereinSupreme Court of Pennsylvania · 1894
- McConnell v. Apollo Savings Bank, Pennsylvania Court of Common Pleas, Armstrong County1892
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- Maisch v. Order of AmericusSupreme Court of Pennsylvania · 1909
- Patterson v. Wyoming Valley District CouncilSuperior Court of Pennsylvania · 1906
- West v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1937
- Klein v. RandSuperior Court of Pennsylvania · 1908
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