12 Abb. N. Cas. 54 | N.Y. Sup. Ct. | 1882
The plaintiff asks to be restored to his membership in the defendant’s society, from which he insists he has been illegally expelled.
The expulsion took place in July, 1875, more than six years before the commencement of this action.
If the plaintiff has any rights in the premises, he seems to have slept an unusually long time before invoking judicial aid for their enforcement and for his restoration, through a direct proceeding. Such seeming acquiescence in his expulsion is of itself unfavorable to plaintiff’s present action.
If any wrong or injustice has been done him, through the
The .defendant would have been concluded by the judgment, if the decision had been adverse to it, as the plaintiff is now held to be. Upon the application of the principle that when a matter is regularly determined, in whatever form, by a competent tribunal, the same is not open to inquiry in any other proceeding between the same parties, the plaintiff’s complaint
And in general it may be said that every presumption is in favor of the fairness of the expulsion of a member, in a proceeding instituted and carried on by fellow members, whose interests would naturally be that the rights of each individual should be sedulously guarded and conserved, as the same measure they apply to others may in the end be administered to themselves. Upon the sole ground, however, that the question has been determined by justice Dinkel, the plaintiff’s complaint is dismissed, with costs.