Gaines v. Farmer

• Decision Date: 06 May 1909
• Parties: GAINES et al. v. FARMER et al.
• Court: Texas Court of Appeals

119 S.W. 874

GAINES et al. v. FARMER et al.

Court of Civil Appeals of Texas.

May 6, 1909.

Rehearing Denied May 27, 1909.

Appeal from District Court, Harrison County; W. C. Buford, Judge.

Action by W. M. Farmer and others against W. A. Gaines and others. Judgment for plaintiffs, and defendants appeal. Reversed and dismissed.

F. H. Prendergast and Hart, Mahaffey & Thomas, for appellants. T. P. Young, for appellee Farmer. S. P. Jones, for appellee Bledsoe.

HODGES, J.

On June 18, 1907, Walter M. Farmer, one of the appellees, filed in the district court of Harrison county a petition alleging, in substance, as follows: That he and W. F. Bledsoe, mentioned therein as the defendant, were members of an organization known as the "United Brothers of Friendship and Sisters of the Mysterious Ten." That this organization was benevolent and fraternal in character, and had been in existence since 1861. Its object was to advance benevolence and Christianity, to relieve the sufferings of the distressed, to care for the widow and orphan, to visit the sick, and bury its dead. Its membership consisted of males and females taken into the organization through local lodges and temples. When a sufficient number of local lodges were organized, there was then formed a state grand lodge, having its jurisdiction limited to the particular state. The central and controlling body of the order is an assembly known as the "National Grand Lodge" of the order, and whose jurisdiction extends over the United States, Liberia, Africa, and other countries. This national organization holds triennial sessions at such times and places as may be selected at each preceding session. The officers consist of a National Grand Master, Deputy Grand Master, Grand Secretary, Grand Treasurer, and other officers not necessary here to mention. The petition then sets out the various officers to be appointed and the membership of which the National Grand Lodge is composed. It also alleges that W. A. Gaines, as the then presiding National Grand Master, called the National Grand Lodge of the order to meet at Lexington, Ky., on the 30th of July, 1906, in its regular triennial session. At that meeting the usual business was transacted, and, among other things to be done, was the selection of the grand officers for the next three years. It is alleged: That Gaines, the presiding officer, and the plaintiff in this suit were each put in nomination for National Grand Master; that plaintiff received a majority of the votes, but that the then presiding officer, who was temporarily occupying that position, having been put there by Gaines, declared Gaines elected; that Gaines, by the assistance of his adherents, usurped the office and had been since that time acting and performing the duties of Grand Master, notwithstanding he had not received a majority of the votes. The petition sets out in detail the proceedings attending the election, gives the number of votes which it claims each received, and states facts which are sufficient upon their face to show the election of the petitioner. It is also alleged: That W. F. Bledsoe, the defendant in this suit, was at the same time elected National Grand Treasurer of the organization; that it was a part of his duty to hold the funds of the National Grand Lodge, and at the time of this suit he had in his possession such funds amounting to about $1,000; that said sum was held subject to the order of the National Grand Master and the National Grand Secretary; that when orders are drawn on the treasurer signed by the National Grand Master and the National Grand Secretary the treasurer is required to pay the sum therein directed in accordance therewith. It is charged: That W. A. Gaines, fraudulently acting as National Grand Master as aforesaid, threatens to have an order drawn upon the defendant Bledsoe as treasurer for the money which the latter now holds as such treasurer, and that Bledsoe threatens to pay out the money in accordance with the order signed by Gaines and Perry, the latter alleged to be the National Grand Secretary; that the plaintiff has reason to believe, and does believe, that Gaines will carry out his threats to have the order drawn upon said Bledsoe and to have Perry sign the same; and that Bledsoe will pay over the money in accordance with such order to M. R. Perry. The petition further alleges as follows: That "it is his [plaintiff's] intention and desire to contest the said election, and to have the question as to whether or not he or the said W. A. Gaines was elected to the office of National Grand Master of said National Grand Lodge aforesaid judicially determined, and that the said Gaines threatens to pursue the course set forth before the said question as to whether or not this plaintiff or the said Gaines was elected is determined." The petition closes with a prayer asking that Bledsoe be enjoined and restrained from paying out any money he now holds as National Grand Treasurer of the National Grand Lodge upon any orders signed by Gaines and Perry, until such time as it shall be judicially determined whether or not the plaintiff or Gaines was duly elected to the office of National Grand Master of the aforesaid National Grand Lodge. This petition was presented to the district judge in vacation, and a temporary restraining order issued in accordance with the prayer of the plaintiff. Bledsoe filed no answer to this petition.

In October, 1907, Gaines, Perry, and one A. W. Weatherford filed a petition of intervention, in which they set up that Gaines was the then duly elected and acting National Grand Master, that Perry was the National Grand Secretary, and that Weatherford was the National Grand Treasurer of the order. It was also charged that the suit begun by Farmer against Bledsoe was collusively filed and prosecuted for the purpose of obtaining a judicial determination of the question of whether Gaines or Farmer was entitled to the office of National Grand Master. It charged that Farmer was at that time not a member of the order. It also claimed: That Bledsoe was not then the National Grand Treasurer of the order, and had not been since the 3d of June preceding; that at that date he had been removed from the office of treasurer, in accordance with the rules and regulations of the order, by the National Executive Committee; and that Weatherford had been appointed in his place and was now the National Grand Treasurer. The petition then proceeds to state the time and place when Gaines was elected, and to also allege the election of Perry as National Grand Secretary to succeed the plaintiff, Walter M. Farmer, who previously held that office. It charges that Farmer had refused and still refuses to turn over to Perry, although requested to do so, the records of the National Grand Lodge pertaining to the office of the National Grand Secretary, except the seal. The petition concludes with the following prayer for relief: (1) That they have judgment declaring that Gaines is the National Grand Master; (2) that Perry is the National Grand Secretary; (3) that Weatherford is the National Grand Treasurer; (4) that Farmer be enjoined from further setting up any claim to the office of National Grand Master of the order; (5) that Bledsoe be enjoined from further setting up any claim to the office of National Grand Treasurer; (6) that Farmer be ordered, directed, and enjoined to turn over to Perry, the National Grand Secretary, all of the records, books, papers, and documents of every kind which he then had in his possession as Perry's predecessor in office; (7) that Bledsoe be required to file an account showing what moneys he then had in his possession belonging to the order, and the disbursements he had made since June 3d preceding; (8) that he be ordered, directed, and enjoined to turn over all such moneys, together with the records of the office of National Grand Treasurer to Weatherford.

In reply to this petition of intervention, the plaintiff Farmer filed what is styled his "first supplemental petition," specially excepting to several features, interposing a general denial, and specially denying the facts alleged as to his not being then a member of the order, and denying the authority of the National Executive Committee, or those who pretended to act as such, to expel him or Bledsoe from the order. Bledsoe also filed an answer to this petition of the interveners, in which he made practically the same exceptions and defensive pleadings in bar, claiming that the executive committee, or those who pretended to act as such, were without authority to remove him from office, and that they did so without giving him any notice. Trial amendments were filed by both the original plaintiff and the interveners, setting up other facts which are not necessary here to be mentioned. The supplemental petition filed by Farmer concludes with the prayer that he be declared National Grand Master of the order, and that Bledsoe be declared National Grand Treasurer, and that the interveners be enjoined from interfering with their authority and powers as such. The answer of...