The Law of Private Corporations in Pennsylvania

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The relator thereupon struck the member, and was subsequently expelled.
On mandamus proceedings to restore him, Chief Justice MEMBERSHIP IN CORPORATIONS. 153 Woodward at nisi prius awarded a peremptory mandamus.
The judgment of the court at nisi prius was subsequently affirmed by an equal division of the court in banc.^" An incorporated club organized for social purposes, and owning property, has no common-law power to expel a mem- ■^ Evans v. Philadelphia Club, 50 Pa. 107 (1865). Chief Justice
... Wood- ward in the course of his opinion said: "I look upon the occurrence as disorderly and injurious to the interest of the club, within the meaning of the sixty-fifth by-law, but as one of those 'minor offenses,' of which Mr. Wilcock speaks, and for which a majority have no power, even under the by-laws to disfranchise a member. And upon the doctrine of the cases I have referred to, I hold the by-law void so far as it inflicts this extreme penalty for such an offense. I would be very sorry to say that any- thing short of a statute could confer on a majority of the members of any corporation power to expel a fellow-member for merely disorderly conduct.

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