Edward Douglass White

Name: Creswill v. Grand Lodge Knights of Pythias of Georgia — Opinion of the Court
Author: Edward Douglass White

Creswill v. Grand Lodge Knights of Pythias of Georgia…

Summary

“Creswill v. Grand Lodge Knights of Pythias of Georgia — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as Georgia, the District of Columbia and defendants.

Quotes from Creswill v. Grand Lodge Knights of Pythias of Georgia… (Edward Douglass White)

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ As the injury which we thus state rests upon the premises that all the propositions of law applied by the court are to be taken as correct, it follows that there is no possibility of deciding there was material error unless it is to be found in the application which the court made of the principle of law which it applied to the facts established by the evidence, all of which is in the record in connection with the findings made by the jury. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ We do not stop to consider whether the court was right under principles of general law in applying to organizations like those here involved the rules applicable to trademarks and tradenames and unfair competition in trade, a subject as to which there is conflict in the decisions, because, under the view we take of the case, we propose, for the sake of argument only, to indulge in the hypothesis that the conception which the court entertained on the subject was correct. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ As we have observed, the court below, in considering the facts on that subject, made no reference to the evidence, but assumed that it must be that the findings of the jury were sustained by evidence, and indulged in the assumption that it was natural to suppose that the long-continued existence and development of the defendant order had not been interfered with by the complainant corporation because not known until the defendants came into the open by making an application to be made a domestic corporation of Georgia. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ It is indisputable that the court was clearly right, as a matter of law, in holding that a court of equity in any event would not afford relief where there had been such laches as would cause it to be inequitable to do so. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ On June 29, 1894 [28 Stat. at L. 96, chap. 119] , however, by a special act of Congress, the Supreme Lodge was again made a corporation of the District of Columbia by the name of the Supreme Lodge Knights of Pythias, and still exists as such. Membership in the order is restricted to white males. In addition to a Grand Lodge and subordinate lodges in each state to which it has been extended, the order conducts an insurance branch known as the Endowment Rank and a military branch known as the Uniform Rank. The Grand Lodge of Georgia was instituted by the Supreme Lodge on March 20, 1871. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ It was next observed that 'the presiding judge should have enjoined the defendants from obtaining the charter applied for, so as to preserve the status in respect thereto until, on final jury trial, all of the questions of law and fact can be fully adjudicated.' The court held that error had been committed in refusing to grant an injunction as to the charter applied for, and the 'ruling of the chancellor denying the injunction in other matters' was allowed 'to stand until the final trial or further order of court, leaving open all the other questions for future determination.' 128 Ga. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ The relief prayed was, in substance, a permanent injunction enjoining the prosecution of the application for incorporation, and the use by the defendants and the members of the subordinate lodges under their jurisdiction of the name 'Knights of Pythias' and of other names, insignia, emblems, etc., which would be like or a colorable imitation of those in use by the plaintiffs' order. ”

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Source: Wikisource

Edward Douglass White, Creswill v. Grand Lodge Knights of Pythias of Georgia…

“ The averments of the petition and the amended petition as to damage sustained by the alleged unlawful acts of the defendants and their associates were stated in general terms to constitute a wrong and injury to petitioners and to the membership in Georgia, and to be a fraud upon the public. ”

Edward Douglass White

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