Innes v Wylie and Others

JurisdictionEngland & Wales
Judgment Date22 February 1844
Date22 February 1844
CourtHigh Court

English Reports Citation: 174 E.R. 800


Wylie and Others

Referred to, Wood v. Wood, 1874, L. R. 9 Ex. 190.

[257] court of queen's bench Sittings in London after Hilary Term, 1844, before Lord Denman. C J Feb. 22nd,1844 innes v wylie and others. (Any society may make any rules by which the admission and expulsion of it*, members are to be regulated, and the members must conform to those rules , but where there is not any property in which all the members of the society have a joint interest, and where there is no rule as to expulsion, the majority may, by resolution, remove any member , but, before that is done, notice must be given to him to answer the charge made against him, and an opportunity given to him for making his defence , where, therefore, a member of such a society had used menacing language towards another member of the society, and for this a majority of a general meeting of the society voted that he should no longer be considered a member of the society, but did not give him any notice (a) See the cases of Blake v Barnard, 9 C. & P 626 , Reqina v. St George, id p 483 ; and Recpina v Oxford, id p 525 1 Cf. & M. 35*. INNES V. WYLIE 801 of the intention to take his conduct into consideration, or any opportunity of making his defence :-Held, that this expulsion was invalid, and that he was still a member oi the society. A policeman prevented a member of a society from entering the society's room :-Held, that, if the policeman was wholly passive^ and merely obstructed his entrance as any inanimate object would, this was not an assault by the policeman ) [Refeired to, Wood, v. Wood, 1874, L. K. 9 Ex. 190.] Assamlt.-The declaration stated that the defendants, on the 30th day of November, 1843, " assaulted the plaintiff, he then being a member of a certain society oi persons lawfully and voluntarily associated together, and called and known by the name of' The Caledonian Society oi London,' he the plaintiff then being about to enter imto a certain room situated in and forming part of a certain hotel or pubhc-hose called and known by the name of Badley's Hotel, and situated in the city of London, joe the purpose of attending at, and partaking of, a public general meeting and dinaer of the members of the said society which was then about to be held and take piace in the said room, and into which said room the said plaintiff as such member of the said society as aforesaid then was lawfully entitled and then had a legal right fco eater,, for the purpose of attending at, and partaking of, the said public general meeting and dinner of the members oi the said [258] society, and which said pubMe general meeting and dinner the said plaintiff, as such member of the said society as aforesaid, then was lawfully entitled r and then had a legal right to attend and partake of, and then pushed and shoved the plaintiff from the said room, and hindered aad prevented the plaintiff from entering the said room, and from attending at, and partaking of, the said public general meeting and dinner of the members of the said society, whereby the plaintiff was totally hindered, prevented, and excluded from attending at, and partaking of, the said public general meeting and dinner of the members...

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5 cases
  • Abdul Rahim v Ling How Doong and Others
    • Singapore
    • High Court (Singapore)
    • 7 April 1994
    ... ... They were in fact entitled to vote. See Innes v Wylie. Furthermore, the persons who claim now that they were not members at the date of the party conference took an active part in the ... ...
  • R. v. Reischer (M.M.), (2004) 192 B.C.A.C. 303 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 18 December 2003
    ...v. Dyer (1966), 58 D.L.R.(2d) 211 (Ont. H.C.), affd. 8 D.L.R.(3d) 592, consd. [para. 30]. Innes v. Wylie (1844), 1 Car. & K. 257; 174 E.R. 800, consd. [para. R. v. Dollan and Newstead (1980), 53 C.C.C.(2d) 146 (Ont. H.C.), refd to. [para. 37]. R. v. Luxton, [1990] 2 S.C.R. 711; 112 N.R.......
  • Magill (Mary Bernadette) v Ulster Independent Clinic and others
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 28 January 2010
    ... ... in front of another and refuse to move without touching or threatening him or merely to obstruct his movement as a door or wall could (see Innes v Wylie (1844) 1 C and K 257 and Squires v Botwright (1972) RTR 462. This however only applies if the measures are entirely passive. It is an ... ...
  • Graham v Sinclair
    • Australia
    • High Court
    • Invalid date
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1 books & journal articles
  • Privative Clauses: Historical Anomalies That Threaten Access to Justice.
    • Canada
    • University of New Brunswick Law Journal No. 73, January 2022
    • 1 January 2022
    ...he is condemned, by any tribunal. Over one hundred years ago Lord Denman C.J. in Innes v. Wylie et al. (1844), 1 Car. & Kir. 257, 174 E.R. 800, in discussing the maxim audi alteram partem, said: "No proceedings in the nature of a judicial proceeding can be valid unless the party charged......

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