Mesisco v. Giuliano
Massachusetts Supreme Judicial Court
Bill in equity, begun by ■writ dated August 10, 1904, alleging that the plaintiff was admitted as a member of an association founded by the plaintiff and the defendants called the Congregation of the Most Holy Lady of Mount Carmel, and that thereafter the defendants wrongfully expelled the plaintiff from that association, that the plaintiff was taken sick and rendered unable to work for a period of five weeks and that during his sickness the plaintiff expended large sums of…
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Bill in equity, begun by ■writ dated August 10, 1904, alleging that the plaintiff was admitted as a member of an association founded by the plaintiff and the defendants called the Congregation of the Most Holy Lady of Mount Carmel, and that thereafter the defendants wrongfully expelled the plaintiff from that association, that the plaintiff was taken sick and rendered unable to work for a period of five weeks and that during his sickness the plaintiff expended large sums of money in employing a physician to attend him, and that under the constitution and by-laws of the association sick…
1Opinion of the CourtSheldon, J.
The defendants have demurred to the plaintiff’s bill for lack of equity, because the plaintiff has a plain and adequate remedy at law, because the bill is multifarious and for other reasons.
1. We are of opinion that the court has jurisdiction in equity of a bill to compel the reinstatement of the plaintiff into the' voluntary association from which he alleges that he has been wrongfully expelled. If this association were an incorporated body, his remedy might well be by mandamus, as in Spilman v. Home *354Circle, 157 Mass. 128. But courts of equity always have been accustomed, after such remedies…
2Cases cited3 opinions
- Davis v. PeabodyMassachusetts Supreme Judicial Court · 1898
- Spilman v. Supreme Council of the Home CircleMassachusetts Supreme Judicial Court · 1892
- Sylvester v. BoydMassachusetts Supreme Judicial Court · 1896
3Cited by10 opinions
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Lovejoy v. BaileyMassachusetts Supreme Judicial Court · 1913
- Reno v. CotterMassachusetts Supreme Judicial Court · 1921
- Barbrick v. HuddellMassachusetts Supreme Judicial Court · 1923
- Gardner v. NewbertIndiana Court of Appeals · 1920
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