Sheets v. Benevolent and Protective Order of Keglers
| Decision Date | 21 October 1949 |
| Docket Number | 30939. |
| Court | Washington Supreme Court |
| Parties | SHEETS et al. v. BENEVOLENT & PROTECTIVE ORDER OF KEGLERS. |
Department 1
C. H Sheets and others sued Marcel Donais and others to enjoin defendants from acting as officers of the Benevolent and Protective Order of Keglers.
The Superior Court, Spokane County, Joseph Wicks, J., rendered a decree, and C. H. Sheets, Welland B. Cooley and the Grand Lodge of the Benevolent and Protective Order of Keglers of America, a corporation, appealed.
The Supreme Court, Schwellenbach, J., dismissed the appeal holding that none of the appellants were 'aggrieved' by the decree and could not appeal therefrom.
A. O. Colburn, Joseph A. Simpson, Spokane, Moe & Huse, Ephrata, for appellants.
George W. Young, Spokane, for respondent.
This is an appeal from a portion of an order entered in a show cause proceeding.
Benevolent and Protective Order of Keglers (hereinafter referred to as Lodge No. 1) was incorporated August 14, 1939, as a nonprofit corporation, with its headquarters in Spokane. The original purpose of the organization was to provide a place of recreation for local and visiting bowlers.
Grand Lodge of the Benevolent and Protective Order of Keglers of America (hereinafter referred to as Grand Lodge) was incorporated August 18, 1941, with its headquarters at Spokane. Usually the same men acted as officers of both lodges.
In January, 1948, the manager of Lodge No. 1 was convicted in the superior court of Spokane county as a common gambler after a witness had testified that he lost in excess of $44,000 in gambling games at the club. See State v Gross, Wash., 196 P.2d 297.
At a meeting of the membership of Lodge No. 1, held December 8, 1947, a committee was appointed to investigate charges made against the lodge, its directors, officers, and activities. The report of this investigating committee was read and approved at a meeting held January 19, 1948. A motion was then made and carried to declare the offices of all elective officials vacant, because of dereliction of duty. The by-laws were amended and certain other members were elected as officers. The action taken at the meeting required all banks holding funds of Lodge No. 1 to turn over such funds to the new officers. The lodge also decided to employ counsel; to demand from the certified public accountant all books, records and accounts; to change all locks and to take over all assets. The old officers refused; police were called; and it was finally agreed that both sets of officers would act as joint custodians until the controversy could be settled in the courts.
This action, cause No. 120946, was then commenced by the old officers, Kinsey M. Robinson, Dr. N. McGilchrist, Welland B. Cooley, H. H. Higgins and C. H. Sheets against the new officers and directors, Marcel Donais, Peter Riley, Earl Deery, Don Agostino, Dale Schuster, W. H. Harder, C. L. Bullington, Luke Myer, Harry Rawson and George Lareida, Jr. The complaint alleged that the meeting of January 19, 1948 was illegal and void and not permitted by the by-laws of the Grand Lodge and of Lodge No. 1. It prayed that the defendants be permanently enjoined from acting as officers of the latter organization.
By the time the matter came on for hearing Before Honorable Joseph Wicks, on April 24, 1948, the parties had agreed that the Board of Trustees of Lodge No. 1 should be composed of five members, two selected from the plaintiffs, two from the defendants, and the fifth member to be selected by the four chosen. This action had been approved by the membership. The court thereupon entered an order reciting that the trustees were George Lareida, Jr., Luke Myer, Dr. N. McGilchrist, H. H. Higgins and Earl Deery; that D. E. Agostino and Ernie Redford were the secretary and treasurer, respectively. The order further provided that the foregoing trustees and officers, and no others, should be the duly constituted officers and trustees of Lodge No. 1, and as such, qualified to conduct its business and hold its property.
But this did not settle the controversy. On May 28, 1948, Lodge No. 1 passed a resolution disassociating itself from the Grand Lodge. On July 31, 1948, W. B. Cooley, George Kosmos and C. H. Sheets, acting as officers of the Grand Lodge, issued an order suspending the charter of Lodge No. 1 and the membership of Lareida, Myer, Higgins, McGilchrist and Deery (appointed as trustees by the order of April 24, 1948), and cancelling the meeting of Lodge No. 1, called for August 2, 1948.
Sheets and Cooley then commenced an action in Spokane county, cause No. 122452, on behalf of the Grand Lodge, against Lodge No. 1 and its trustees, and caused to have issued a restraining order and order to show cause against the named defendants.
The defendants in this action (cause No. 120946) obtained an order directing Sheets and Cooley to show cause why they should not be adjudged in contempt for instituting cause No. 122452; to show cause why they should not be ordered and directed to have cause No. 122452 dismissed; and to show cause whereby the court could determine their authority to commence an action for and on behalf of the Grand Lodge. At the hearing on this show cause order (which is the subject of this appeal) Honorable Joseph Wicks presided.
The judgment decreed that Sheets and Cooley be held not to be in contempt; that Sheets and Cooley separately and in their capacities as officers of the Grand Lodge be perpetually enjoined and restrained from maintaining and further prosecuting cause No. 122452; and further, that Sheets and Cooley and the Grand Lodge and its officers be perpetually enjoined from bringing or causing to be brought any action having for its purpose or which would have the effect of nullifying, altering, amending, or destroying the decree made April 12, 1948.
No objection is made to the above portion of the judgment. However, appellants Sheets and Cooley and the Grand Lodge are appealing from the following part thereof:
Rem.Rev.Stat. § 1716, provides that 'any party aggrieved may appeal to the supreme court * * *.'
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Sheets v. Benevolent and Protective Order of Keglers, 30939.
...210 P.2d 690 34 Wn.2d 851 SHEETS et al. v. BENEVOLENT & PROTECTIVE ORDER OF KEGLERS. No. 30939.Supreme Court of Washington.October 21, Department 1. [34 Wn.2d 852] A. O. Colburn, Joseph A. Simpson, Spokane, Moe & Huse, Ephrata, for appellants. George W. Young, Spokane, for respondent. SCHWE......
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In re T.M.L., 75318-5-I
...appellant must be aggrieved by a "'judgment, order, or decree'" of the trial court. Sheets v. Benevolent & Protective Order of Keglers, 34 Wn.2d 851, 856, 210 P.2d 690 (1949) (quoting 4 C.J.S. Appeal and Error § 183(b)(1), at 356 (1937)). T.M.L. is not an aggrieved party under these circums......
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Table of Cases
...21.4(5) Shaw v. Clallam County, 176 Wn. App. 925, 309 P.3d 1216 (2013): 21.12(2) Sheets v. Benevolent & Protective Order of Keglers, 34 Wn.2d 851, 210 P.2d 690 (1949): 5.2(1)(a) Shepard, In re, 127 Wn.2d 185, 898 P.2d 828 (1995): 24.4(3) Sherrell v. Selfors, 73 Wn. App. 596, 871 P.2d 168, r......
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§ 5.2 Who Initiates Review
...an organization that was not a party to the trial court action could not seek review, Sheets v. Benevolent & Protective Order of Keglers, 34 Wn.2d 851, 855-56, 210 P.2d 690 (1949) (prerule case); an insurer that had settled with the insured plaintiff and was dismissed from the trial court a......