155 Ga. 147 | Ga. | 1923
The District Grand Lodge No. 18, Grand Dnited Order of Odd Fellows of America, Jurisdiction of Georgia, a corporation chartered and organized under the laws of the State of Georgia, brought an equitable petition against A. Graves and others as individuals, and as representatives of a class associated with them, living in different counties of the State, to enjoin them from using the name of the plaintiff corporation, from holding meetings, organizing and maintaining an order using such name, and for other equitable relief. The case was referred to an auditor. In his report the auditor found that the appropriation by the defendants of the name of the plaintiff corporation was without authority of law, and that the plaintiff was entitled to an injunction. Exceptions of law and of fact were filed to the auditor’s report. These exceptions were overruled by the trial judge, and a decree was entered enjoining the defendants from the use of the name of the plaintiff. From this decree the case was brought to the Supreme Court.
We think the trial judge erred in granting an injunction in the present case. That there is provision for injunctive relief in a
In the multitude of cases cited by counsel for both parties no Georgia case has been cited directly upon the point. However,
In the present case the plaintiff claims the exclusive right to the use of the name District Grand Lodge No. 18, Grand United Order of Odd Fellows of America, Jurisdiction of Georgia. The
It appears without contradiction from the record in this case that in 1843 the parent Grand Lodge in England granted a dispensation to certain persons in New York to establish a lodge or lodges in America; and this association adopted the name Grand United Order of Odd Fellows in America, which later extended the scope of its operations in various States of the Union, and into Georgia. This association, which we shall hereafter refer to as the National Order of Colored Odd Fellows, established itself in Georgia as far back as 1870, and what is now known as District Lodge No. 18, Grand United Order of United Odd Fel-Ioavs, Jurisdiction of Georgia, for many years operated through local lodges which were subject to the National Order, and were finally merged into a District Grand Lodge .of the National Order. Later, in 1902, with the consent of the National Organization, the Order in Georgia, which was then subject to the National Organization, was incorporated, with the permission of
Judgment reversed.