Kohler v. Klein

Decided December 15, 1902

New York Supreme Court · decided 1902-12-15

<p>Jurisdiction — Of an illegally expelled member’s action for reinstatement in Ms benefit order — Meaning of a “ decision of the order The Supreme Court has jurisdiction of an action to reinstate in a subordinate lodge of a benefit order a member expelled therefrom without notice or hearing, although the constitution of the order provides that any member “ who deems himself aggrieved by a decision of the order is within three months entitled to appeal to the grand committee ”, and this because such an illegal expulsion is not to be deemed or dignified as a “ decision ”.</p>

Relies on People Ex Rel. Deverell v. Musical Mutual Protective Union

Good law ✅— No negative treatment on recordhow we know

Decided 1902-12-15

How this case has been cited

Cited by 4 later decisions — most recently February 1968

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gaynor, J.:

¶1The plaintiff was expelled without notice or hearing from a subordinate lodge of the order. The defendant objects to this court taking jurisdiction of the case, on the ground that the plaintiff by his contract with the defendant is given the right to appeal to a higher authority in the order, and has not done so. The constitution of the order provides that any member “who deems himself aggrieved by a decision of the order is within three months entitled to appeal to the grand committee.” I do not think the expulsion of the plaintiff without notice and hearing was a “ decision ” within the meaning of this provision (People ex rel. Deverell v. Musical Union, 118 N. Y. 101). It contemplates a decision of some question lawfully up for decision.

¶2Judgment for the plaintiff, with costs.