Wellenvoss, Etc. v. The Grand Lodge of Knights of Pythias of Ky.
| Decision Date | 16 April 1898 |
| Citation | 103 Ky. 415 |
| Parties | Wellenvoss, Etc. v. The Grand Lodge of Knights of Pythias of Kentucky. |
| Court | Kentucky Court of Appeals |
APPEAL FROM PULASKI CIRCUIT COURT.
O. H. WADDLE FOR APPELLANTS.
W. A. MORROW AND JAS. W. GARRISON FOR APPELLEES.
The appellants, Henry Wellenvoss and Uhland Lodge No. 4 Knights of Pythias, of Louisville, Ky., by this proceeding in the circuit court sought a mandatory injunction against appellees Thos. B. Matthews, Grand Chancellor of the Grand Lodge of the Knights of Pythias of Kentucky and the Grand Lodge of the Knights of Pythias of Kentucky, commanding Matthews, as Grand Chancellor to impart to appellant Wellenvoss the pass-word of the Grand Lodge and commanding the Grand Lodge to receive Wellenvoss into its body and to permit him to participate in its deliberations as a regular authorized delegate of appellant Uhland Lodge, at the regular session of that body at Somerset, Ky., in September, 1895.
The petition alleges that appellant Wellenvoss is a member of Uhland Lodge in good standing and has been since 1869, and that Uhland Lodge is a member in good standing of appellee Grand Lodge, and as such member is entitled to representation in the deliberations of said body, as well as to all the rights and privileges pertaining thereto, and in accordance with its rights had selected and commissioned appellant Wellenvoss as its representative to the Grand Lodge and that appellees had wrongfully and without right or authority excluded appellant Wellenvoss from its deliberations.
The petition also alleges that both appellant Uhland Lodge and appellee Grand Lodge are benevolent societies, the appellant being subordinate and deriving its charter from appellee.
It is alleged that appellant Wellenvoss, by the laws of of the order, pays regular dues to appellant Uhland Lodge, to be used as the lodge chooses according to its laws. That Uhland Lodge pays regular dues to the Grand Lodge to defray its legitimate expenses, etc.
It is alleged that unless the court grant a mandatory injunction that great and irreparable injury will be done to both appellants, in that, Wellenvoss will be deprived of his rights as representative and Uhland Lodge will be denied its right of representation.
Appellants, when they filed their petition, gave notice and afterwards entered motion before the judge of the circuit court in chambers, for the writ.
Appellees appeared and filed demurrer and also filed answer, also affidavits denying appellants' right to the relief sought.
Appellants filed affidavits in support of the motion and on hearing before the judge in chambers, the writ was refused.
Appellants afterwards filed an amended petition, in which the only allegation is, that both appellant Uhland Lodge and the appellee Grand Lodge are regular incorporated bodies by the laws of Kentucky.
On final hearing the court sustained a demurrer to the petition as amended and appellants declining to plead further, the action was dismissed and from that judgment this appeal is taken.
The question presented by this appeal is, does the petition as amended present a cause of action.
By the allegations of the petition, there is no right of property involved, the only right claimed to have been violated is the social right of Wellenvoss to participate in the deliberations of the Grand Lodge and the right of Uhland...
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