Delaware Lodge No. 1 v. Allmon
Superior Court of Delaware
Action of Assumpsit (No. 142 to May T. 1896,) to recover $81.00, balance due, as alleged by the plaintiff, for sick benefits, from the defendant corporation: The usual pleas were filed by the defendant and five special pleas, and special replications filed by the plaintiff. Before the jury was empanelled Mr. Knowles, on behalf of the plaintiff, asked the Court to excuse for cause from serving upon the jury any member of a lodge of Odd Fellows who might be called.
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Action of Assumpsit (No. 142 to May T. 1896,) to recover $81.00, balance due, as alleged by the plaintiff, for sick benefits, from the defendant corporation: The usual pleas were filed by the defendant and five special pleas, and special replications filed by the plaintiff. Before the jury was empanelled Mr. Knowles, on behalf of the plaintiff, asked the Court to excuse for cause from serving upon the jury any member of a lodge of Odd Fellows who might be called. This the Court refused to do, but limited such disqualification to serve upon the jury to members of the defendant Dodge. At the…
1Opinion of the Court
Rore, C. J:—
This matter has been up before the Court recently and we have ruled such witnesses out on the ground of public policy, broadly.
The plaintiff’s counsel excepted to the above ruling.
When the plaintiff below had rested, Mr. Hilles, for the defendant, moved for a non suit; because he contended that the plaintiff by his own testimony had clearly shown that under the constitution and by-laws of the Grand Rodge of Delaware and of Delaware Rodge No. i,I. O. O. F:, he had not put himself in the position to maintain his action in Court.
The Court held the matter under advisement over night,…
2Cases cited11 opinions
- Supreme Council of the Order of Chosen Friends v. ForsingerIndiana Supreme Court · 1890
- Anacosta Tribe, No. 12 v. MurbachCourt of Appeals of Maryland · 1859
- Osceola Tribe, No. 11 v. SchmidtCourt of Appeals of Maryland · 1881
- Levy v. Magnolia Lodge, No. 29, I. O. O. F.California Supreme Court · 1895
- Karcher v. Supreme Lodge Knights of HonorMassachusetts Supreme Judicial Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Turner v. Roman Catholic DioceseSupreme Court of Vermont · 2009
- Sovereign Camp W. O. W. v. WardSupreme Court of Alabama · 1916
- King v. Wynema Council No. 10Superior Court of Delaware · 1911
- Dolby v. WhaleySuperior Court of Delaware · 1938
- Grandillo v. Pennsylvania RailroadSuperior Court of Delaware · 1932
3 more not listed; retrieve them via the Exa API.