Grand Fountain United Order of True Reformers v. Murray

McSherry, C. J., delivered the opinion of the Court. The appellant is a body corporate organized under the laws of the State of Virginia. Its charter name is “ The Grand Fountain of the United Order of True Reformers,” and the purposes for which it was formed are to provide a place of burial for deceased members, to defray the expenses of their funerals, to assist in the education and support of their widows and orphans and to give aid and assistance to its members in times of sickness and distress, and for such other benevolent objects as may be necessary. It has a capital stock, and its principal office is located in the City of Richmond.

There are numerous subordinate Fountains in various States of the Union, and they are all under the jurisdiction of the Grand Fountain. These subordinate Fountains have their own constitutions and bylaws, framed by the central body, but the members are not members of the Grand Fountain. Both the Grand and subordinate Fountains have separate officers. The chief officer of the Grand Fountain is called the Grand Worthy Master.

His duties, so far as we are advised ⁴²⁴ by the record, are defined in section i, article 4, and section 8, article 5 of the constitution of the Grand Fountain. These duties are the ordinary and usual executive functions of such an officer. The appellee was a member of Guiding Star Subordinate Fountain. He had leased from the appellant a stable owned by it and situated on Saint Paul Street, in the City of Baltimore.

His horse was killed by falling into a pit on these premises, and he demanded from the appellant compensation. Receiving no reply he brought suit before a magistrate and recovered a judgment for ninety-nine dollars. After this a letter “ purporting ” to have come from the Grand Worthy Master of the appellant corporation was read at a convention of Fountains in the City of Baltimore. This letter which was not produced at the trial —nor was its absence accounted for — contained the following instruction: “ Remove Murray from the premises at once, fine him twenty-five dollars or expel him.” This letter was read by W. L. Taylor, vice-president of the appellant, who presided at the convention.

Subsequently at a regular meeting of Guiding Star Fountain the same letter was read by the same W. L. Taylor, who, according to custom, likewise presided for a portion of the time during the meeting of the subordinate Fountain; and the appellee was expelled. Because of this expulsion by the subordinate Fountain, which the appellee insists was wrongful and unlawful, he brought the pending suit claiming that he had sustained damages to the amount of three thousand dollars. It is not necessary to set forth the pleadings, it being sufficient to say that the gravamen of the declaration is that the appellant — the Virginia corporation — its officers and servants did unlawfully expel the appellee from said corporation, and that it had wantonly refused to reinstate him. The general issue was pleaded, the case went to trial before a jury and resulted in a verdict in favor of the plaintiff for one hundred and twenty-five dollars.

From the judgment entered on that verdict this appeal was taken. There are five bills of exception in the record. The ⁴²⁵ first, second, third and fourth were taken to rulings of the Court in admitting evidence. But as the evidence was admitted subject to exception and as no motion was made at the close of the testimony to exclude the evidence thus conditionally admitted, there was no final ruling that can be reviewed on this appeal.

We therefore pass by these four exceptions and come to the fifth which brings up the rulings on the prayers. The first prayer of the appellant was a demurrer to the evidence, and it therefore becomes necessary to determine whether there was any legally sufficient evidence to entitle the plaintiff to recover. The prayer is not too general for it raises the question of the legal sufficiency of the evidence to