Wichita Council No. 120 v. Security Benefit Ass'n

The opinion of the court was delivered by

Harvey, J.:

This is an action in mandamus by a subordinate council, its trustees and some of its members acting for themselves and others, of a fraternal benefit society to restore the charter of the subordinate council which had been suspended and dissolved by defendant’s national executive committee. The trial court, after issues were joined and a trial, granted a peremptory writ, and defendant has appealed.

Defendant is a fraternal benefit society organized and operating under our statutes (R. S. 1931 Supp. 40-701 et seq.). It has a consti*842tution,…