Most Worshipful King Solomon Grand Lodge v. Mitchell

• Decision Date: 06 November 1921
• Docket Number: (No. 6682.)
• Citation: 234 S.W. 687
• Parties: MOST WORSHIPFUL KING SOLOMON GRAND LODGE v. MITCHELL et al.
• Court: Texas Court of Appeals

234 S.W. 687

MOST WORSHIPFUL KING SOLOMON GRAND LODGE v. MITCHELL et al.

(No. 6682.)

Court of Civil Appeals of Texas. San Antonio.

November 6, 1921.

Error from District Court, Bexar County; J. T. Sluder, Judge.

Suit by the Most Worshipful King Solomon Grand Lodge and another against C. L. Mitchell and others. Judgment that plaintiff take nothing, and that the election of N. N. Boozier and others as officers of the plaintiff organization was illegal, and Boozier brings error. Writ of error dismissed.

Douglas & Carter, of San Antonio, for plaintiff in error.

Norton & Brown, of San Antonio, for defendants in error.

FLY, C. J.

This suit was instituted by the Most Worshipful King Solomon Grand Ancient Free and Accepted Masons and Queen Esther Grand Chapter Order of the Eastern Star and Daughters of the Sphinx, a negro organization, against C. L. Mitchell, Sterling Williams, I. C. Collins, J. E. Spencer, F. P. Pruitt, and J. W. Williams, in which it was alleged that plaintiff is a corporation organized for the purpose of promoting and extending benevolence, charity and fraternity among its members and to form subordinate lodges and chapters in this state; that the Grand Master is the presiding officer of the Grand Lodge, who is elected annually. It was alleged that N. N. Boozier had been elected Grand Master and others to the other offices, and that they had taken charge of their respective offices, but that Mitchell and some other persons had seceded and set up a body and elected grand officers, Mitchell being Grand Master, Williams, Deputy Grand Master, Spencer, Senior Grand Warden, Pruitt, Grand Junior Warden, Sterling Williams, Grand Secretary, and I. C. Collins Grand Treasurer. The object of the suit was to have an accounting of the money and to recover judgment against each of them for $1,967.40, and that they be enjoined from acting as officers of plaintiff. The defendants filed a long cross-action, which was struck out by the court. The cause was tried without a jury, and judgment rendered that the plaintiff take nothing by its suit, and decreeing that the election of Boozier and others was illegal and void, and that Mitchell and his codefendants were the legal officers. Certain other people were declared to be the officers of the Grand Chapter Order of the Eastern Star and Daughters of the Sphinx. It was also decreed that Boozier, Black, and others were enjoined from representing themselves to be the officers of plaintiff and from...