Josich

Defendant is a corporation organized under the laws of this state. Plaintiff, who was a member of the corporation, filed his petition for a writ of mandate, alleging his illegal expulsion by the defendant society, and praying that he be restored to full membership, as theretofore. The plaintiff had judgment in the lower court as prayed for, and the defendant appeals from the judgment.

It is not contended by respondent that he did not have a fair trial before the society after due notice; and the fact that he had such trial appears from the findings. It appears very fully that the only ground upon which the court below rendered its judgment was that stated in the ninth finding, which is as follows: “That the charges upon which the plaintiff and petitioner was tried and expelled constitute no offense against the said society, its constitution or by-laws, or rules or regulations, or resolutions, and that the said defendant society had no power, authority, or jurisdiction to try the said plaintiff and petitioner herein upon the said charge, or to expel him therefor; that there never was a constitutional provision, or by-law, or rule, or regulation, or resolution of said defendant…