Badger v. Aeolian Council No. 17
Superior Court of Pennsylvania
Appeal, No. 110, Oct. T., 1908, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1905, No. 3,688, refusing writ of mandamus in case of Evan G. Badger v. Aeolian Council No. 17 Junior Order of United American Mechanics et al. Petition for mandamus. By agreement the case was tried by the court without a jury under a provision of the Act of May 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 110, Oct. T., 1908, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1905, No. 3,688, refusing writ of mandamus in case of Evan G. Badger v. Aeolian Council No. 17 Junior Order of United American Mechanics et al. Petition for mandamus. By agreement the case was tried by the court without a jury under a provision of the Act of May 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court. The trial judge, McMichael P. J., refused mandamus, entering the following order: The court having carefully considered the proofs submitted on behalf of the…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff filed a petition for a writ of alternative mandamus to effect his restoration to membership in the defendant body, and after having been heard by the court without a jury, the writ was refused. When the plaintiff was received as a member of the defendant association in May, 1886, it was an unincorporated fraternal and beneficial branch, located in the city of Philadelphia, of the National Council of the Junior Order of the United American Mechanics. This association was divided into a national council, state councils and subordinate bodies, united into a…
2Cases cited2 opinions
- Derry Council No. 40 v. State CouncilSupreme Court of Pennsylvania · 1900
- Crow v. Capital City CouncilSuperior Court of Pennsylvania · 1904
3Cited by2 opinions
- Carlin v. Ancient Order of HiberniansSuperior Court of Pennsylvania · 1913
- Foltz v. Sharpsville Beagle Club, Inc., Pennsylvania Court of Common Pleas, Mercer County1960