Hogan

The following is a copy of the complaint in this action :—

The only issues upon which any point is made on this appeal arise from a denial by defendant that the plaintiff was a member of the “Pacific Endowment League” in good standing on the thirteenth day of January, 1891, or at any time since; and the averment that he failed to pay eighteen assessments levied *252 Toy the league on January 2, 1891, and ipso facto forfeited and lost his right of membership in said league, and has ever since remained suspended. !

The court found for the plaintiff upon all the issues of fact, and gave judgment accordingly.

The defendant appeals from the judgment and from an order denying its motion for a new trial.

The only point made by appellant is that the evidence does not justify the finding that the plaintiff was a member of the defendant association, and in good standing on January 13, 1891; and whether he was so or not depends solely upon the validity of the eighteen assessments which, it is admitted, the plaintiff refused to pay. If those assessments were valid, his refusal to pay them effected a suspension of his good standing as a member of the league; otherwise he was a member in…