The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-21
Edith NJ. Hilbert. respondent. vs.. TT
Supreme Lodge, Knights of Honor, al

Edith NJ Hilbert. respondent. VS.. The
Supreme Lodge, knights Of Honor, ap-
SyIIabus-1 The rights of members in
| beneficial insurance associations must be
made to depend upon the articles of as
ISOLATION and the bylaws which hav been
;adopted.s. and. generally speaking. the
body which is authorized to make by
claws may change. amend or repeal these
4 adready y in existence; = But changes,
amendments and repeats are subject to
! the restrictions and limitations Of the
! charter or articles of association, and Of
| the bylaws themselves and are also
subject to sthe implied condition of being
| reasonable. - $50.
| 2. Bylaws In operation when member
enters an association may be reasonable
and valid as to him on the ground Of
! his having assented thereto when ac-
| cepting membership, and yet be unreal
| sonable and invalid as to present members
| when adopted as changes; and amend
| ments to existing bylaws. such members
not having assented thereto in any man
| ner.
8. When T. became a member, of sub
ordinate lodge. and received a. beneficial
| insurance certificate from defendant cor
! poration,~ he was entitled. UNDER the by
the recorder of such lodge. dated on the
| first day of the month, in case the as
sessment and leyy.Sfere such month for
| the payment of death claims exceeded or
| were less than two in humber Suisse
| quently the law-makfng body abrogated
| the provision and enacted that on or be-
| member should pay the amount of each
assessment levied, and failing to pay
should stand suspended. and mot entitled
/ to the benefits of the insurance fund. It
was further provided in the amended by
laws that leach subordinate lodge may,
at its option, provide for notification to
its members of the number of assessments
thus levied. which may be by written or
printed notice. or by newspaper contain
ing the supreme recorders official notice
of such levy mailed or personally deliy-
hIJf al on
the part of such lodge to give notice to
members. or failure to receive such no
a sha ebeg 5S sHs fr4 s s ~
the assessments as Required by sec.
| of this article
It was not shewn-that T. had any
knowledge Of Interchange when he died
Nov-<19, 1885, not .h3XiRg paid any part Of
three assessments 1eVied and payable on
or before the last day, Of October. Held.
thateas to him. the change and amend
ment> In the bylaws in force wen he be-
came a member was unreasonable and of
no effect And that-it-is immaterial that
under the bylaws above quoted the sub
ordinate lodge had designated a neWspa-
per for the publication of notices in which
notice -of"these assessments had been pub
1shed, and that copy of such paper had
been duly mailed te-Tr~
There was testimony from which the
Jury. could have found that about the
middle Of October the reporter of. the
subordinate lodge notified T. In person
I of these three. amendments. and that It.
+ promised TO make payment before he
went away to work. T. did not pay as he
promised. Held. that If the jury had
found that this personal notice was given
end the promise made. a reasonable time
for making payment having expired be-
fore 2. died, plaintiff was not entitled to
recover on the certificate
Collins. ].
w r. DuxbTTy. respondent. vs.. c.. K.
Dahle: appellant y -.
| : SyllabLs4Ak The fafffdavit. required. by
G. 8; 1898, sec: $3.50. IFS jurisdictlonal pre-
requisite to the Issuance OF valid writ
of attachment against the property Of a
nonresident. and II none be filed. or one
be filed which wholly fails to set out some
fact required by law to be stated therein,
| no writ can lawfully issue %
z. II a, writ of attachment be issued
upon such q defective affidavit and the
defendant does not appear in the action.
the writ and all subsequent proceedings
| including the publication OF the summons.
/ entry OF Judgment and issuance of execu-
ton and sale Hereunder. are null and
void, and may. be .asSaifedj collaterally.
3. An affidavit for allotment which
wholly fails to state the grounds of
plaint1ns claim against defendant is fa-
tally defective and confers no jurisdiction
to allow the writ-f Jf{gment reversed.
Nh Brown. J.