Kelly v. Trimont Lodge, No. 249
Supreme Court of North Carolina
Appeal from Joseph 8. Adams, J., at Spring Term, 1910, of Macon. Civil action tried on appeal from tbe judgment of a justice of tbe peace.
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Appeal from Joseph 8. Adams, J., at Spring Term, 1910, of Macon. Civil action tried on appeal from tbe judgment of a justice of tbe peace. Tbe intestate of tbe plaintiff, who died 12 J une, 1908, was a member of tbe defendant lodge, wbieb was duly incorporated by an act of tbe General Assembly of North Carolina (Private Laws; Extra Session 1908, cb. 25) and was by said act, section 2, declared “capable in law to sue and be sued, to plead and be impleaded, etc.,” in all tbe courts of tbis State in “all and singular actions or matters or demands whatsoever.” Tbe plaintiff seeks in this action…
1Opinion of the CourtManning, J.
It is contended by the defendant that the stipulation contained in the application for membership in the defendant lodge by the deceased, that he would seek the remedy for all his rights on account of such membership in the tribunals of the order, precludes any resort to the established courts of the State for the enforcement of any right, however just or however plainly established by contract, unless the tribunals of the order deliberately refuse to act, or their action is fraudulently taken. The precise question was considered and determined by the Supreme Court of Illinois, in the case of…
2Cases cited9 opinions
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. RobinsonIllinois Supreme Court · 1893
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
- Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
- Pioneer Manufacturing Co. v. Phœnix Assurance Co. of LondonSupreme Court of North Carolina · 1890
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3Cited by17 opinions
- Skinner v. Gaither Corp.Supreme Court of North Carolina · 1951
- Kelly v. Brotherhood of Railroad TrainmenIllinois Supreme Court · 1923
- Hargett v. . DelisleSupreme Court of North Carolina · 1948
- Nelson v. . R. R.Supreme Court of North Carolina · 1911
- Nelson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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