Legal Opinion

Richardson v. Union Congregational Society

Supreme Court of New Hampshire

Decided August 5, 1877PublishedCited by 6 opinions

In Equity. The defendants are a religious society, organized under Act of 1819, s. 8. The plaintiffs, only a part of whom are members of the society, desire that the other part may become members, and pray that the defendants be enjoined against using a by-law which requires a two-thirds vote to admit new members. By article thirteen of the by-laws, any person could become a member by signing his name in the books of the society.

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In Equity. The defendants are a religious society, organized under Act of 1819, s. 8. The plaintiffs, only a part of whom are members of the society, desire that the other part may become members, and pray that the defendants be enjoined against using a by-law which requires a two-thirds vote to admit new members. By article thirteen of the by-laws, any person could become a member by signing his name in the books of the society. At the annual meeting of the society, March 21,1876, under an article in the warrant for that purpose, a vote was passed amending by-law thirteen, so that a…

1Opinion of the CourtAllen, J.

Complaint is made that the amendment of by-law thirteen, requiring a two-thirds vote for the admission of new members, was not properly and legally enacted, because its passage was not obtained by a vote of two thirds of those present, according to by-law twelve requiring a vote of two thirds of the members present to alter or amend the by-laws of the society. No objection appears to have been made at the meeting to the mode of taking the vote on the new by-law, or to the declaration and publication of its passage. A common mode of voting in public and corporate assemblies is viva voce, or by…

2Cases cited1 opinion

  1. Commonwealth v. Mayor of LancasterSupreme Court of Pennsylvania · 1836

3Cited by6 opinions

  1. Orchard Ridge Country Club, Inc. v. SchreyIndiana Court of Appeals · 1984
  2. Roti v. WashingtonAppellate Court of Illinois · 1986
  3. Wuelper v. University of New HampshireSupreme Court of New Hampshire · 1972
  4. Bricker v. New Hampshire Medical SocietySupreme Court of New Hampshire · 1970
  5. Whitman v. New Hampshire Electric Cooperative, Inc.Supreme Court of New Hampshire · 1983

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