Most Worshipful Sons of Light Grand Lodge Ancient Free & Accepted Mason v. Sons of Light Lodge Number 9

This is a motion by respondents to dismiss an appeal on the ground that the judgment appealed from is interlocutory and therefore not appealable.

The present motion affects but one of the two appeals now pending between these parties. It appears from the record that respondents had been affiliated with appellants in a grand lodge and subordinate lodges of a Negro Masonic fraternity. Respondents withdrew their affiliation from appellants, claiming that the latter had falsely and fraudulently represented that they were the lawful and exclusive Masonic lodges in California for Negroes. Upon such withdrawal the respondents became affiliated with another grand lodge and retained and refused to give up certain assets of the lodges involved. Appellants thereupon commenced an action to recover from respondents the lodge paraphernalia, books, bank accounts, money, etc., claimed by appellants, and to restrain them from using the lodges’ names. Respondents cross-complained for $100,000 damages for fraud, and for an accounting for all sums of money received by appellants from respondents as initiation fees, dues, taxes and assessments. After a lengthy trial the court entered a “memo…