Supreme Lodge Knights of Pythias v. Knights of Pythias of North America
Supreme Lodge Knights of Pythias v. Knights of Pythias of North America
Opinion of the Court
delivered the opinion of the court.
The doctrine of laches was recently restated by us in the case of Comans v. Tapley, 57 South. 567; but it is immaterial whether the facts in this case bring it within the rule there announced, for the reason that the right or privilege of appellees “to the use of their corporate name and the incidental right to the designation Knight of Pythias and the use of emblems, insignia, etc., appropriate to the order,” is claimed by “virtue of the authority to incorporate conferred by the general incorporation act of May 5, 1870, enacted by Congress,” and consequently present for our determination a question reviewable by the Supreme Court of the United States, and therefore we are bound by the decision of that court, rendered June 10, 1912, in Creswill v. Knights of Pythias, etc., 225 U. S. -, 32 Sup. Ct. 822, 57 L. Ed.-; Hill v. State, 89 Miss. 26. 42 South. 380.
In so far as they affect the right of appellees to the use of their corporate name, insignia, emblems, etc., the facts in that case and the one at bar are practically identical, and the court there held that, conceding that appellant’s order originally had the right to the exclusive use of this name, insignia, emblems, etc., such right had become lost by reason of its laches, reversing the Supreme Court of the state of Georgia, which had held the contrary.
Affirmedl.
Reference
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- Supreme Lodge Knights of Pythias v. Knights of Pythias of North America, Etc.
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- Syllabus
- 1. Courts. Federal courts. Conclusiveness of decisions. Injunction. Corporate name. Insignia.' Right to use. The right of a fraternal order to the use of its corporate name, and the incidental right to use the distinctive words in such name to designate the order, and to use the appropriate insignia, emblems, etc., when invoked in virtue of the authority to incorporate conferred by the federal general incorporation act of May 5, 1S70 (16 Stat. at large 98, chapter 80), is claimed under an authority exercised under the United States within the meaning of the United States Rev. Stat., section 709, United States Comp. Stat. 1901, page 575. Judicial Code (36 Stat. at large 1156, chapter 231, United States Comp. Stat. Supp. 1911, page 227), section 237 and where the federal court has acted the state courts are bound by its decision. 2. Injunctions. Laches. Bar to right. Corporate name. Where a fraternal order having the exclusive right to the use of its. corporate name, has without objection permitted a newer order to use its name and exercise its attributes and franchises for a long time it is guilty of such laches as deprives it of the right to enjoin the newer order against the infringement of its name and the copying of its insignia and emblems.