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90 Miss. 116

Ward v. David & Jonathan Lodge

Mississippi Supreme Court

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From the circuit court of Monroe county. LIon. Eugene O. Sykes, Judge. Ward and others, the appellants, were plaintiffs in the court below; the David, etc., Lodge, the appellee, was defendant there. From a judgment in defendant’s favor, the plaintiffs appeal to the supreme court.

Cited by 4 later decisions — most recently December 1977

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-03-15

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Caliioon, J.,

¶1delivered the opinion of the court.

¶2By consent the court below had, and we have, the general laws of the order and the by-laws of the district organization to *120consider in determining the demurrer of appellant to the plea of appellee to the petition of appellant for mandamus.

¶3The association was “for the purpose of maintaining, managing, and controlling a benevolent and friendly society.” It originally had numerous laws adopted by it, the first one of which avowed the object to be “for raising a fund for the relief of the members when sick, lame, or, disabled, and for insuring a sum of money to assist in defraying the expenses of burial (to be paid to the widow, legal executors, administrators, or assigns of a member deceased), or to assist in defraying the expenses of the burial of the wife or child of a member.” By law No. 8 of the order it is provided that new laws may be adopted by a two-thirds vote. By this two-thirds vote a law was enacted by the order creating a compulsory insurance department, requiring payment of $1 per month by all members. Accordingly this was applied to all members, except those over seventy years old or who became blind or paralyzed while members, etc. This, we think, applied to the then members and to future members. It was further provided that those who failed to pay should no longer meet with the lodge. The appellants refused to pay, though repeatedly notified to do so, and so were refused admittance; and hence their application for a writ of mandamus.

¶4Appeals are amply provided for within the order, but appellants took no appeal there before applying to the courts, and therefore, as we think, have no standing in court. We also think the law of the order, enacted by a two-thirds vote, became a valid law of the order, and was not unreasonable or void.

¶5Affirmed.

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