Gorman v. Russell

Headnote

The “ Riggers’ and Stevedores’ Union Association of San Francisco ”—a voluntary association for mutual relief—having excluded plaintiffs from the association, because of their refusal to take an oath not required by the constitution or by-laws of the association and foreign to the objects thereof, plaintiffs as members brought suit for dissolution of the association and distribution of its funds, and the Supreme Court having decided on demurrer to the complaint that the association was a partnership, and would be dissolved by a Court of Equity for improperly excluding a member, and the cause having been remanded for further proceedings, the defendants rescinded their resolutions requiring an oath, and filed an answer offering to admit plaintiffs to all their rights and privileges in the association: Held, that this action of the association suffices to prevent a decree of dissolution, and that the bill was properly dismissed.

Appeal from the Twelfth District.

The facts appear in 14 Cal. 531 . On the return of the cause the association rescinded their former resolutions requiring the oath mentioned, sent plaintiffs notices thereof, and invited them to return and take their seats in the association in the full enjoyment of their rights and privileges; and these facts were set up in the answer filed to the complaint. The Court below held that this action on the part of the defendants defeated the bill for dissolution and account, and accordingly dismissed it.

Plaintiffs appeal.