Legal Opinion

Commonwealth ex. rel. Bryan v. Pike Beneficial Society

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 11 opinions

ERROR to the Common Pleas of Philadelphia county. This was a mandamus in the court below, issued against the Pike Beneficial Society at the instance of John Bryan, commanding them to restore him to the place and office of member of that society, from which they had expelled him, or show cause to the contrary.

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ERROR to the Common Pleas of Philadelphia county. This was a mandamus in the court below, issued against the Pike Beneficial Society at the instance of John Bryan, commanding them to restore him to the place and office of member of that society, from which they had expelled him, or show cause to the contrary. The defendants filed the following return : That true it is that John Bryan was duly elected and appointed to the place and office of one of the members of the said corporation. But they give the court here further to understand and be informed, that in and by the tenth article of the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This case cannot be distinguished from that of White and Blacksmith’s Society v. Vandyke, (2 Whart. 309). The charter to the defendants below provides for the offence, directs the mode of proceeding, and authorizes the society, on conviction of the member, to expel him. This has been done, after a bearing and trial, according to the mode prescribed; at least, there is no allegation of the irregularity of the proceeding. Under these circumstances the sentence is conclusive on the merits, and cannot be inquired into collaterally either by…

2Cases cited1 opinion

  1. Black & White-Smiths' Society v. VandykeSupreme Court of Pennsylvania · 1837

3Cited by11 opinions

  1. Falsetti v. Local Union No. 2026, United Mine Workers of AmericaSupreme Court of Pennsylvania · 1960
  2. Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883
  3. Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
  4. Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
  5. Society for Visitation of Sick v. Commonwealth ex rel. MeyerSupreme Court of Pennsylvania · 1866

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