105 Ky. 168 | Ky. Ct. App. | 1898
delivered the opinion of the court.
Appellee alleges that it is a branch of the Grand Lodge of the Independent Order of Odd Fellows of Kentucky, and that, by virtue of the charter granted to the Grand Lodge of Kentucky, it is a corporation authorized to sue and be sued in its corporate name; that Merritt Lodge, No. 117, was also a branch of the same order, and that it voluntarily disbanded as a separate organization, and by the consent and direction of the Grand Lodge its members were transferred to and became members of Bardwell Lodge, No. 179, without the payment of any additional dues; that, shortly before the dissolution of Merritt Lodge, its members appropriated to their own use a fund of $1,088, which had accumulated during the life of that lodge from the levy of dues upon its members, which were made by the authority of the charter granted to the Grand Lodge; that this was a trust fund, for purely charitable purposes, and that upon the dissolution of Merritt Lodge this fund became the property of the Grand Lodge, under the rules and by-laws of that organiza
Plaintiff’s allegation that it is a branch of the Grand Lodge of the Independent Order of Odd Fellows of Kentucky, and that by virtue of the charter granted to that lodge it is a corporation authorized to sue and be sued, is not a sufficient allegation of corporate existence to'en
The Code of Practice, section 119, — which was substituted for section 144 of the Code of Civil Practice of 1854, — provides: Subsection 1. Neither the evidence relied on by a party, nor presumptions of law, nor facts of which judicial notice is taken, excepting private statutes shall be stated in a pleading. Subsection 2. In pleading a private statute, it shall be sufficient to refer to it by stating its title and the day on which it became a law.” This provision of the Code is a recognition of the distinction of the common law between private and public acts, and must be construed to qualify the requirements of the statute where the private acts of the Legislature are relied upon. But it is provided that it shall be sufficient to refer to a private’ act by stating its, title and the day on which it became a law; and this is a. reasonable requirement, in view of the vast number of' private acts which fill the Blue Books, and which can be