Croak v. High Court of the Independent Order of Foresters

Appellate Court of Illinois

Croak v. High Court of the Independent Order of Foresters

62 Ill. App. 47, 1895 Ill. App. LEXIS 376

DecidedJanuary 22, 1896

StatusPublished

This text of 62 Ill. App. 47 (Croak v. High Court of the Independent Order of Foresters) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Croak v. High Court of the Independent Order of Foresters, 62 Ill. App. 47, 1895 Ill. App. LEXIS 376 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

No one is compelled to belong to such a society as the appellee. Those who do become members are, as to their rights therein and thereunder, bound by the rules and regulations of such bodies, and if they have any grievance because of the failure of the society to observe its rules and regulations, to the tribunals provided by the order, if any, for the redress of grievance, must they appeal before they can resort for redress to the courts of the land. If the laws of such society provide for an appeal from the first court before which members may be heard, one aggrieved by the decision of such first court must prosecute an appeal to the highest tribunal of the body; in other words, must exhaust his remedy within and through the tribunals provided by the law of the society. Niblack on Benefit Societies, Sec. 111; Woman’s Cath. Order Foresters v. People ex rel., 59 Ill. App. 390; Grand Lodge Knights of Pythias v. The People ex rel., Oct. term, 1895, Ill. App.; Otto v. Union, 75 Cal. 308-314; Karcher v. Supreme Lodge Knights of Honor, 137 Mass. 368.

Where the tribunal of a voluntary society proceeds regularly, that is, in accordance with its own rules, they being not contrary to public policy or the law of the land, and the procedure not being mala fides, or repugnant to natural justice, the merits ‘of a judgment thus rendered will not be inquired into collaterally. Nelson v. Board of Trade, 58 Ill. App. 399, 412-414.

The charges made against the expelled members were such as its laws provided might be made, and upon proof of the truth of which he might be expelled; that he had notice of, that is, actually knew of the proceedings against him, and appealed therefrom, is undisputed.

The tribunal can not be said to have acted in bad faith, nor were its proceedings in disregard of its own rules, or repugnant to the law of the land. The deceased member failed to prosecute his appeal to the highest tribunal provided by the law of the order, preferring, it would seem, rather to rest under the judgment of expulsion, affirmed, as it was, by the higher court to which he did appeal.

The judgment of the Circuit Court is affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

No one is compelled to belong to such a society as the appellee. Those who do become members are, as to their rights therein and thereunder, bound by the rules and regulations of such bodies, and if they have any grievance because of the failure of the society to observe its rules and regulations, to the tribunals provided by the order, if any, for the redress of grievance, must they appeal before they can resort for redress to the courts of the land. If the laws of such society provide for an appeal from the first court before which members may be heard, one aggrieved by the decision of such first court must prosecute an appeal to the highest tribunal of the body; in other words, must exhaust his remedy within and through the tribunals provided by the law of the society. Niblack on Benefit Societies, Sec. 111; Woman’s Cath. Order Foresters v. People ex rel., 59 Ill. App. 390; Grand Lodge Knights of Pythias v. The People ex rel., Oct. term, 1895, Ill. App.; Otto v. Union, 75 Cal. 308-314; Karcher v. Supreme Lodge Knights of Honor, 137 Mass. 368.

Where the tribunal of a voluntary society proceeds regularly, that is, in accordance with its own rules, they being not contrary to public policy or the law of the land, and the procedure not being mala fides, or repugnant to natural justice, the merits ‘of a judgment thus rendered will not be inquired into collaterally. Nelson v. Board of Trade, 58 Ill. App. 399, 412-414.

The charges made against the expelled members were such as its laws provided might be made, and upon proof of the truth of which he might be expelled; that he had notice of, that is, actually knew of the proceedings against him, and appealed therefrom, is undisputed.

The tribunal can not be said to have acted in bad faith, nor were its proceedings in disregard of its own rules, or repugnant to the law of the land. The deceased member failed to prosecute his appeal to the highest tribunal provided by the law of the order, preferring, it would seem, rather to rest under the judgment of expulsion, affirmed, as it was, by the higher court to which he did appeal.

The judgment of the Circuit Court is affirmed.

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