People ex rel. Burton v. St. George's Society of Detroit
| Decision Date | 28 October 1873 |
| Citation | 28 Mich. 261 |
| Parties | The People on the relation of Anthony B. Burton v. The St. George's Society of Detroit |
| Court | Michigan Supreme Court |
Heard October 22, 1873
Application for mandamus. Denied.
M Brennan, for the relator.
Walker & Kent and C. I. Walker, for the respondent.
Relator asks a mandamus to restore him to membership in the St. George's society of Detroit from which he claims he was expelled without compliance with the rules of the society. Denied.
The objections are that the charges are insufficient, and the proceedings irregular.
The articles of the society provide for expelling members "guilty of improper conduct calculated to bring this society into disrepute."
The charges were: First, Of having received of one William J. Fisk two dollars as his proposed initiation fee, with a petition on his behalf to become a member of the society, and that he had not paid the money to the society, nor returned it to Fisk, who had complained thereof to various persons; second, that having been entrusted by the secretary of the society with the keys of the society chest to obtain a receipt book therefrom, he at the same time, and without leave, took from such chest the original roll of the society, which was its property, and refused to return it.
These charges involved elements indicating, until explained, acts in the nature of frauds against the society as well as against Fisk. The article defining the cases in which interference can be had in very awkwardly drawn. But it must have been intended, at least, to cover cases of misconduct injurious to the society, and damaging to the reputation of the person charged. It would be difficult to find any meaning, if this is not the fair interpretation of the provision.
The principal objection relates to the formalities of the prosecution. The articles provide that charges "shall be investigated by a special committee of three members, appointed for that purpose by the president or other presiding officer; the committee to report at the following regular meeting; then should a majority of the members present vote for the expulsion of the member, he shall be notified of the same by the secretary."
As these are all proceedings under articles agreed to by all the members, it is necessary to consider them without too much regard to any technicalities; and to follow substantial justice more than form. The only defect pointed out is in the appointment of the committee of investigation. It appears from the return that this committee was first appointed immediately after the adjournment of the...
To continue reading
Request your trial
-
Boyles v. Roberts
...Mut. Ins. Co., 18 Iowa, 425; Coleman v. Knights of Honor, 18 Mo. App. 189; Mitchell v. Lycoming Mut. Ins. Co., 51 Pa. 402; People v. St. George's Society, 28 Mich. 261; Osceola Tribe v. Schmidt, 57 Md. 98; Sperry's Appeal, 116 Pa. 391, 9 Atl. 478; Bacon, Benefit Societies, p. 81. It is not ......
-
Boyles v. Roberts
... ... not from the people composing [222 Mo. 693] the church, but ... from ... 502, 24 S.W. 52: 'The people of that society' ... (which was a Congregational church) 'in the ... In the case ... of State ex rel. Watson v. Farris, 45 Mo. 183, it ... was held ... ...
-
Simpson v. Grand Int'l Bhd.
...137 Mass. 329, 50 Am. Rep. 310; Spihnan v. Supreme Council of the Home Circle, 157 Mass. 128, 31 N. 11 776; People v. St. George Soc, 28 Mich. 261; Kelly v. Grand Circle, 40 Wash. 691, 82 Pac. 1007; Marcus v. National Council, 123 Minn. 145, 143 N. W. 265; Kulberg v. National Council, 124 M......
-
Jackson s v. South Omaha Live Stock Exchange
...charges, their appearance would have constituted a waiver of that omission. (Sperry's Appeal, 8 Cent. [Pa.] 219, 9 A. 478; Burton v. St. George's Society, 28 Mich. 261; Commonwealth v. Pennsylvania Beneficial Society, 2 S. & R. [Pa.] 140; Loubat v. Leroy, 65 How. [N.Y.] 138, 15 Abb. New Cas......