Legal Opinion

Wilcox v. Supreme Council of Royal Arcanum

New York Court of Appeals

Decided February 24, 1914PublishedCited by 45 opinions

Appeal from a judgment entered May 21, 1912, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court at a Trial Term setting aside a previously directed verdict in favor of plaintiff and granting a new trial, and reinstated said verdict. Frank Z. Wilcox was expelled from the Royal Arcanum on the 15th of March, 1906. On appeal to the supreme council the order of expulsion was affirmed.

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Appeal from a judgment entered May 21, 1912, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court at a Trial Term setting aside a previously directed verdict in favor of plaintiff and granting a new trial, and reinstated said verdict. Frank Z. Wilcox was expelled from the Royal Arcanum on the 15th of March, 1906. On appeal to the supreme council the order of expulsion was affirmed. Thereupon he commenced mandamus proceedings to compel reinstatement to membership, but died during the pendency of the proceedings.…

1Opinion of the CourtMiller, J.

The unfortunate controversy resulting in the expulsion of the deceased grew out of an attempt by the supreme council to increase rates, which this court held to be illegal. (Green v. Royal Arcanum, 206 N. Y. 591.) There is no question but that the expulsion proceedings were conducted strictly in accordance with the laws of the order, and we shall assume that the acts charged constituted cause for removal within the meaning of the by-laws. We cannot review the proceedings or re-examine the merit of the expulsion. (Black and Whitesmith’s Society v. Van Dyke, 2 Whart. 309; People ex rel. Johnson…

2Cases cited17 opinions

  1. Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
  2. Smith v. RiceMassachusetts Supreme Judicial Court · 1814
  3. Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
  4. Stockwell v. Township BoardMichigan Supreme Court · 1871
  5. Foot v. . StilesNew York Court of Appeals · 1874

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3Cited by45 opinions

  1. Polin v. KaplanNew York Court of Appeals · 1931
  2. Ellentuck v. KleinCourt of Appeals for the Second Circuit · 1978
  3. Simpson v. Grand International Brotherhood of Locomotive EngineersWest Virginia Supreme Court · 1919
  4. Matter of Rotwein (Goodman)New York Court of Appeals · 1943
  5. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982

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