Richardson v. Union Congregational Society
Supreme Court of New Hampshire
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.
Read the full summary
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
- Commonwealth v. Mayor of LancasterSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- Orchard Ridge Country Club, Inc. v. SchreyIndiana Court of Appeals · 1984
- Roti v. WashingtonAppellate Court of Illinois · 1986
- Wuelper v. University of New HampshireSupreme Court of New Hampshire · 1972
- Bricker v. New Hampshire Medical SocietySupreme Court of New Hampshire · 1970
- Whitman v. New Hampshire Electric Cooperative, Inc.Supreme Court of New Hampshire · 1983
1 more not listed; retrieve them via the Exa API.