Hickey v. Baine
Massachusetts Supreme Judicial Court
Two petitions for writs of mandamus directing the defendant, the general secretary-treasurer of the Boot and Shoe Workers Union, to issue to the petitioners certificates of their election as general president and general vice-president, respectively, of that organization, filed November 8, 1906. There was a hearing on the petitions, answers and evidence introduced by both parties before Morton, J., who reserved and reported the cases upon the pleadings and a statement of…
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Two petitions for writs of mandamus directing the defendant, the general secretary-treasurer of the Boot and Shoe Workers Union, to issue to the petitioners certificates of their election as general president and general vice-president, respectively, of that organization, filed November 8, 1906. There was a hearing on the petitions, answers and evidence introduced by both parties before Morton, J., who reserved and reported the cases upon the pleadings and a statement of facts by him for determination by the full court. In view of the decision, the following only of the facts alleged in the…
1Opinion of the CourtSheldon, J.
If we assume that a writ of mandamus may properly be issued to secure possession of such offices as are here in question, and that these petitions could be brought against the respondent alone although this would involve passing upon the rights of Tobin and Lovely without their being made parties or having any opportunity to be heard, yet we are of opinion that the petitions cannot be maintained.
The rights of all the members of this voluntary association must be settled according to the provisions of the constitution which they have adopted. Reynolds v. Boyal Arcanum, 192 Mass. 150.…
2Cases cited4 opinions
- Reynolds v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1906
- Chamberlain v. LincolnMassachusetts Supreme Judicial Court · 1880
- Oliver v. HopkinsMassachusetts Supreme Judicial Court · 1887
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1905
3Cited by20 opinions
- Bartlett v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1915
- Donovan v. TraversMassachusetts Supreme Judicial Court · 1934
- Correia v. Supreme Lodge of the Portuguese Fraternity of the United StatesMassachusetts Supreme Judicial Court · 1914
- Snay v. CollisMassachusetts Supreme Judicial Court · 1931
- Fish v. HuddellCourt of Appeals for the D.C. Circuit · 1931
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