Citation Numbers: 36 A.2d 844, 155 Pa. Super. 45
Judges: OPINION BY BALDRIGE, J., April 11, 1944:
Filed Date: 3/7/1944
Status: Precedential
Modified Date: 1/13/2023
RENO, J., took no part in the consideration or decision of this case.
Argued March 7, 1944. This is an appeal from the decree of the court below quashing a writ of alternative mandamus.
The plaintiff in his petition averred the existence of the local Washington Camp, No. 208, Patriotic Order Sons of America of Hazleton, Pennsylvania, an unincorporated association, subordinate to the State Camp of Pennsylvania Patriotic Order Sons of America, a corporation with its principal office in the city of Philadelphia; that since 1898 he had been an active member *Page 47 of the local camp until the officers thereof refused him admission to the meetings of that camp and struck his name from the "roster of membership allegedly because of orders received from State Secretary of the Patriotic Order of Sons of America, Charles B. Helms." It is stated in paragraph 10 that certain charges of insubordination were presented against plaintiff by William Barr based upon plaintiff's alleged membership in the "All American Sunshine Club" an organization within the Patriotic Order Sons of America, which severely criticized the management of the state camp, especially in regard to expenditures, assessment of dues, benefits, etc.; that a trial was had before a committee of the state camp which resulted in plaintiff's acquittal. It is averred in paragraph 12 that under the general laws of the state camp and the constitution of the subordinate camp the charges preferred against the plaintiff should have been submitted to the subordinate camp.
Defendants' motion to quash was based upon grounds that (1) it appears upon the face of the writ that plaintiff has no right to be enforced by a mandamus; (2) defendants had no legal duty to do the things plaintiff sought to compel; and (3) the petition upon which the writ was predicated is indefinite, uncertain, evasive and contradictory. The learned court below in an opinion sustaining the motion stated that it became known "by the statement of petitioner's counsel and the voluntary admission by the petitioner himself, who was present in person," that the order expelling plaintiff originated with the National Body of the Patriotic Order Sons of America upon appeal from the State Camp's order taken in accordance with the national constitution and by-laws. No reference to that fact appears anywhere in the petition or exhibits attached thereto. If he has a grievance to be redressed it is against the national body, the responsible party.
Mandamus is an extraordinary writ and is not granted *Page 48
as an absolute right. It is discretionary with the court (Gold v.Building Committee of Warren Borough et al.,
Judgment is affirmed.
RENO, J., took no part in the consideration or decision of this case.
Evans v. Philadelphia Club , 50 Pa. 107 ( 1865 )
Leff v. N. Kaufman's, Inc. , 342 Pa. 342 ( 1941 )
Angelotti v. Rankin Borough , 341 Pa. 320 ( 1941 )
Homan v. MacKey , 295 Pa. 82 ( 1928 )
Chilli v. McKeesport Sch. Dist. , 334 Pa. 581 ( 1939 )
Gold v. Bldg. Com. of Warren Boro. , 334 Pa. 10 ( 1939 )
Lazic v. National Croatian Society , 64 Pa. Super. 169 ( 1916 )
Weiss v. Musical Mutual Protective Union , 189 Pa. 446 ( 1899 )