District Grand Lodge No. 18, Grand United Order of Odd Fellows of America v. Gardner

• Decision Date: 14 June 1921
• Docket Number: 11721.
• Parties: DISTRICT GRAND LODGE NO. 18, GRAND UNITED ORDER OF ODD FELLOWS OF AMERICA, ETC., v. GARDNER.
• Court: Georgia Court of Appeals

107 S.E. 774

27 Ga.App. 145

DISTRICT GRAND LODGE NO. 18, GRAND UNITED ORDER OF ODD FELLOWS OF AMERICA, ETC., v. GARDNER.

No. 11721.

Court of Appeals of Georgia, First Division

June 14, 1921

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action by W. H. Gardner against the District Grand Lodge No. 18 Grand United Order of Odd Fellows of America, Jurisdiction of Georgia. Judgment for plaintiff, and defendant brings error. Affirmed.

C. P Goree, of Atlanta, for plaintiff in error.

A. L Etheridge and F. A. Hooper & Son, all of Atlanta, for defendant in error.

LUKE J.

1. "Before exceptions pendente lite can be considered by this court, error must have been originally assigned in the main bill of exceptions upon the exceptions pendente lite and not merely upon the judgment complained of in the exceptions pendente lite, or such an assignment must be made, by the permission of this court, before the argument of the case here." Ponder v. State, 25 Ga.App. 768, 105 S.E. 318, and cases there cited. Under this ruling the exceptions pendente lite cannot be considered.

2. "Where it does not appear that the charter of a benefit society prohibits the society from designating what classes of persons may be named as beneficiaries in the benefit certificates issued by it to its members, and where there is nothing in the laws of the state in which the charter is granted prohibiting such designation, a rule or law of the society, printed on the back of the certificate, and by the terms of the certificate expressly made a part thereof, prescribing that 'only persons related to members by consanguinity, or who sustain the relation of husband and wife shall be designated * * * as beneficiaries: Provided, however, that the former class shall only be designated when they are dependent upon the member for support and maintenance'--is binding and enforceable." District Grand Lodge No. 18, etc. v. Morris, 26 Ga.App. 371, 106 S.E. 188; Union Fraternal League v. Walton, 112 Ga. 315, 37 S.E. 389.

3. While in the present case it is provided in the application which by the terms of the certificate is made a part of the contract, that knowledge or information to the officers of the subordinate society shall not be notice to the society, or binding upon it, but that the society shall be bound only by knowledge or information in writing to the officers of the bureau of endowment of the society; and while the...