
    In the Matter of HEBRA HASED VA EMET.
    
      Mandamus — society—rules of — where they do not declare election of an unqualified person to he void — Eemedy— Quo wmranto — officer defacto — Plenariy.
    Appeal from an order denying an application for a mandamus to compel the president of the Hebra Hased Ya Emet (Society of Mercy and Truth) to call a special meeting of the society so that a secretary of such society might be elected.
    In January, 1876, at au election of officers, Isaac Hendricks was elected secretary.
    By the by-laws of the society it is provided that “any member marrying contrary to our laws, or discontinuing his or her seat in the. Synagogue ‘ Shearith Israel,’ shall forfeit his or her membership.” It was claimed that Mr. Hendricks, a few days before his election, ceased to be a seat-holder in that synagogue, and for that reason ceased to be a member of the society, and was therefore ineligible to the office. The president was called upon to convene a meeting of the society for the election of another secretary, which he declined to do.
    The court at General Term say: “ The writ of mandamus in this case was properly denied. * * * It is a case of plenarty and the only mode of proceeding is by quo warranto. (34 Eng. L. and E., 59; 7 Ad. & Ell., 215.) The charter does not, in terms, declare the election of an unqualified person to be void, and that is the test. (1 M. & S., 76; 2 B.urr., 1016.) Plence, Mr. Hendricks fills the office de facto, until ousted by judgment at the suit of the people. (6 Cow., 23.) ”
    
      Grata Nathan, for the appellant. AdoVph L. Sanger, for the respondent.
   Opinion by

Davis, F. J.

Brady and Daniels, JJ., concurred.

Order affirmed with costs and disbursements.  