Opinion
Appeal from the Twelfth District.
The facts appear in 14 Cal. 531. On the return of the cause the association rescinded their former resolutions requiring the oath mentioned, sent plaintiffs notices thereof, and invited them to return and take their seats in the association in the full enjoyment of their rights and privileges; and these facts were set up in the answer filed to the complaint. The Court below held that this action on the part of the defendants defeated the bill for dissolution and account, and accordingly dismissed it.
Plaintiffs appeal.
COUNSEL:
Stanly & Hayes, for Appellants.
Merrul, Clement & White, for Respondents.
JUDGES: Baldwin, J. delivered the opinion of the Court. Field, C. J. concurring.
OPINION
BALDWIN, Judge
When this case was here before, (14 Cal. 531,) we intimated that if this association, in the acts complained of, retraced their steps on being advised of their duties, and admitted a member and removed the unauthorized restrictions upon the exercise of his rights as a member of the society, the Judge below would be authorized to refuse a dissolution and account. This course seems to have been pursued, and we think the decree of dismissal was right.
Judgment affirmed.