Houston v. Howze
| Decision Date | 24 May 1909 |
| Citation | 50 So. 266,162 Ala. 500 |
| Parties | HOUSTON v. HOWZE. |
| Court | Alabama Supreme Court |
Rehearing Denied June 30, 1909.
Appeal from City Court of Birmingham; Charles A. Senn, Judge.
Action by Jennie Houston against C. A. Howze. From a judgment dismissing the bill, plaintiff appeals. Reversed in part, and remanded.
Powell & Blackburn, for appellant.
Z Rudolph, for appellee.
The bill in this case was filed by the appellant against the appellee, alleging that appellant and appellee are members of a beneficial and charitable organization known as "United Brothers of Friendship and Sisters of the Mysterious Ten," organized in Alabama as a corporation that the Grand Lodge in Alabama is governed by an Executive Board, of which the defendant is the chief executive officer that complainant is the chief executive officer of Elizabeth Temple, No. 2, of Birmingham, a subordinate lodge of said organization, the title of her office being "Worthy Princess"; that each member who carries a certificate of endowment is entitled to sick benefits and to life insurance to the amount of $300; that complainant receives no salary, but in lieu thereof is relieved of the payment of the monthly dues of 35 cents, which keep up said insurance; that complainant was elected to said office in December, 1907, for one year; that on February 1, 1908, the defendant, as Grand Master, issued an order suspending her from said office, and has attempted to install another member; that he is about to order her benefit and insurance certificate canceled, and is misappropriating funds, etc.; and that she had no right to appeal to any board of officers for redress. The bill prays that said Howze be enjoined from interfering with complainant in the exercise of said office, and from taking steps to remove complainant, and from interfering with the installation of other proper officers of any subordinate temples, and from collecting fees for said installations, except when requested by such temple, etc., and that he be required to account for and pay over to the Grand Lodge all moneys collected, etc.
The answer denies that the Grand Lodge is governed by the Executive Board, but alleges that the Executive Board is the agent of the Grand Lodge, with the duty to supervise subordinate lodges and see that the constitution and by-laws are obeyed; that said Grand Lodge is governed by the wishes and voice of the subordinate lodges expressed by a majority vote of delegates; that the Grand Master merely presides, and does not vote; and that respondent is Grand Master. It denies that complainant was, at the time of the filing of the bill or is now, holding said office, but alleges that one Stella Gaston is. It denies that said organization maintains a sick benefit...
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Willowbrook Country Club, Inc. v. Ferrell
...forfeiture of the cash sum they paid for the life membership. In our opinion these averments give the bill equity. In Houston v. Howze, 162 Ala. 500, 50 So. 266, the complainant's bill sought to protect her in an office of a fraternal order to which was attached financial benefits in the fo......
- State v. Duncan