King v. Wynema Council No. 10
Superior Court of Delaware
Action of Assumpsit by David D. King, Jr., against Wynema Council, No. 10, Daughters of Pocahontas, Improved Order of Red Men, to recover funeral benefits alleged to be due under the general laws and by-laws of the defendant order. Demurrer to certain pleas overruled.
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
This case is before the court on demurrer to the fifth, sixth, seventh and eighth pleas filed by the defendant in the action.
The defense set up in said pleas is, that the plaintiff failed to pursue the remedies provided by appeal in the general laws and by-laws of the council of which the plaintiff’s wife was a member. The particular laws referred to and set forth in the pleas, are:
That should any person feel aggrieved at the action of a council for failing to pay benefits that may be claimed to be due, such person may appeal from said action by giving the…
2Cases cited30 opinions
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Supreme Council of the Order of Chosen Friends v. ForsingerIndiana Supreme Court · 1890
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. RobinsonIllinois Supreme Court · 1893
- Austin v. . SearingNew York Court of Appeals · 1857
- People ex rel. Keefe v. Women's Catholic Order of ForestersIllinois Supreme Court · 1896
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3Cited by3 opinions
- Grandillo v. Pennsylvania RailroadSuperior Court of Delaware · 1932
- King v. Wynema Council No. 10Superior Court of Delaware · 1912
- Oklahoma Tribe No. 26 v. MusgroveSuperior Court of Delaware · 1916