Crombie v. Order of Solon

• Decision Date: 16 October 1893
• Docket Number: 69
• Citation: 157 Pa. 588,27 A. 710
• Parties: Crombie v. Order of Solon et al., Appellants
• Court: Pennsylvania Supreme Court

27 A. 710

157 Pa. 588

Crombie v. Order of Solon et al., Appellants

No. 69

Supreme Court of Pennsylvania

October 16, 1893

Argued May 11, 1893

Appeal, No. 69, Oct. T., 1893, by defendants, from decree of C.P. No. 2, Allegheny Co., Jan. T., 1893, No. 510, granting injunction and appointing receiver.

Bill in equity for injunction and receiver.

The bill averred that plaintiff was the holder of a benefit certificate in the Order of Solon, upon which all dues and assessments had been paid; that at an adjourned meeting of the Supreme Lodge of the order, W.R. Covert and the other defendants "did in the absence of a majority of the members of said body, and without charge preferred, notice given or trial had, unlawfully expel from their membership in said Supreme Lodge a number of the members thereof, and did cancel and annul their benefit certificates in said order though well knowing that said members had not been guilty of any violation of laws of said order, and did thereupon proceed to appoint for life persons who should constitute a new Supreme Lodge, and did further elect and appoint Wm. R. Covert, aforesaid, 'attorney in fact' for the said order, with full power and authority over its affairs and all its funds, thereby depriving your orator of and excluding him from that control of the affairs of the said corporation to which he as a certificate holder is entitled by its charter, its constitution and its by-laws."

The bill further alleged that there were hopeless disagreements and dissensions in the order, and that the funds of the order were in danger of being wasted by unauthorized expenditures and needless litigation.

The bill prayed for an injunction and the appointment of a receiver.

Defendants filed an answer denying plaintiff's standing as a member and all the material arguments of the bill.

The court granted a preliminary injunction, which was subsequently continued, and a receiver appointed, in opinions by WHITE, J.

Errors assigned were (1, 2) granting and continuing preliminary injunction; (3) appointing receiver.

Injunction dissolved and bill dismissed, with costs.

J. G. White, L. K. Porter and James Fitzsimmons with him, for appellants, cited: Lejee v. R.R., 10 Phila. 362; Manchester v. Dey, 6 Paige, 295; McVey v. Brendle, 5 Lanc. L.R. 350; Eschleman v. Electric Co., 1 Lanc. L.R. 26; Goodman v. Lodge, 9 A. R. 19; Maneely v. Knights, 9 A. R. 44, note; s.c., 115 Pa. 305; Wynne v. Newborough, 1 Ves. Jr. 164; Hunter v. Nocholds, 15 L.J. Ch. 320; Roberts v. Bezon, 3 L.J. Ch. 113; High on Injunctions, 543.

M. H. Stevenson, for appellees, cited: Nat. Endowment Co., 142 Pa. 450; Com. v. Order of Vesta, 2 Dist. R. 254.

Before STERRETT, C.J., GREEN, WILLIAMS, MITCHELL, DEAN and THOMPSON, JJ.

OPINION

MR. JUSTICE MITCHELL:

This is a bill by an alleged member, whose standing and title are denied, to take the affairs of...