167 Ga. 678 | Ga. | 1929
(After stating the foregoing facts.) This case is making its fourth appearance in this tribunal. Graves v. District Grand Lodge, 155 Ga. 147 (116 S. E. 613); 161 Ga. 110 (129 S. E. 783). And see Daniel v. Jones, 146 Ga. 583 (supra), involving questions concerning this same District Grand Lodge. The record has increased in size with the years, since its first appearance in 1916, now containing, including the briefs, practically 1500 typewritten pages. It has required much time and patience to examine
As only two points are insisted upon and argued in the brief of the plaintiffs.in error, we will consider only those two points. Was the charter amendment granted on October 1, 1917, valid and binding? Paragraph.6 of the original charter, which was stricken by the amendment of October 1,1917, was as follows: “The aforesaid corporation shall be governed and controlled by an executive
Are the intervenors, and the class represented by them, guilty of such laches in asserting their claims to the property in the hands of the receiver of the corporation as to prevent a recovery by them P In the auditor’s finding of fact on this question he determined that the intervenors were not entitled to the relief prayed for, on account of their laches. The auditor found that since the year 1902 the corporation had carried on the purposes of the organization both as' a fraternal association and as a business entity; that by the consent decree of August 3, 1917, the convention was to be held in Macon for the purpose of electing its officers and applying to the court for a restoration of the assets belonging to the corporation; that at this convention six of the intervenors were present; that on September 18, 1917, Hudson, one of the intervenors, together with a number of others, sought to enjoin the amendment to the charter, upon practically the same grounds now urged against the legality of the amendment; that an injunction was denied; that on December 27, 1917, a meeting of a number of lodges was held and a voluntary organization was effected, at which officers were elected, including A. Graves, who were recognized by the subcommittee of management; that since August 14, 1917, none of the intervenors had paid any money as dues or otherwise to the corporation; that after August 17, 1917, none of the intervenors made any claim or asserted any title to any of the assets of the defendant corporation; that no protest other than the effort to enjoin the charter amendment of 1917 had ever been made to the striking of paragraph 6 of the original charter; that subsequently to October 1, 1917, the defendant corporation had paid out death benefits, and this known to the intervenors; that since October, 1917, the corporation had dealt with its properties as its own, disposed of them, borrowed money; and that all these facts were known to the intervenors. Upon these facts the auditor found as a matter of law that the intervenors were barred from any relief, because of their laches.
Judgment affirmed on the main hill of exceptions j cross-hill dismissed.