Levy

The defendant has appealed from a judgment of the superior court awarding a peremptory writ of mandate commanding defendant to restore the plaintiff to his former status as a member of said lodge, from which he had been expelled, and also from an order denying his motion for a new trial.

The material facts of record are as follows: The defendant is a voluntary, unincorporated, fraternal, and beneficial association, organized in the city of San Francisco, and governed by a written constitution and by-laws, signed by all its members. It is subordinate to a higher organization, known as the grand lodge of I. O. O. F. of the state of California, which, in its turn, is subordinate to a sovereign grand lodge.

The constitution of the defendant lodge, section 7, provides that “the constitution, laws, and decisions of the sovereign grand lodge, .... and the constitution, laws, and decisions of the grand lodge .... of the state of California, are laws of this lodge, and all persons, by becoming members of this lodge, consent to and agree to abide by the same.”

Section 18 of the by-laws of the defendant lodge provides that every member in good standing who has *300 attained to the third…