Rorke

The proceeding in the court below was had under an alternative writ of mandate, issued on the application of appellant, to the San Francisco Stock and Exchange Board (an unincorporated association), commanding it to restore the applicant, Benjamin B. Rorke, to membership in said association, and to all the rights, privileges, and immunities pertaining thereto, or that it show cause, etc., why it had not done so. Respondent appeared and showed cause, whereupon a trial was had and judgment rendered in favor of the association. Rorke moved for a new trial; his motion therefor was denied, and he prosecutes this appeal from the order.

*198 The San Francisco Stock and Exchange Board is a voluntary-association of individuals, and as such is, and for over twenty years has been, engaged in the business of buying and selling stocks in the city and county of San Francisco, and has adopted and is governed by certain articles of agreement known as its constitution and by-laws, which have been agreed to and subscribed by each and all of its members, the appellant herein included. Plaintiff was a member of the board, as were S. B. Wakefield and A. W. Foster, doing business under the firm name…