Appeal, No. 252, Jan. T., 1957, from judgment of Court of Common Pleas No. 7 of Philadelphia County, June T., 1954, No. 1530, in case of John Hughes et al., v. Eleventh Ward Republican Club. Judgment affirmed.
Samuel B. Brenner, with him Alexander Brodsky and Brenner & Brenner, for appellant.
Theodore R. Mann, with him Maximillian J. Klinger, for appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold and Jones, JJ.
OPINION BY MR. JUSTICE ARNOLD
In 1903 the 11th Ward Republican Club was organized as a nonprofit corporation, "to unite in a social and political organization the Republican voters of the 11th Ward to foster and promote the principles of the Republican Party; to educate the young men to loftier appreciation of their relations to National, State and Municipal Governments, and to encourage them to an active participation in the nominations and election of capable public officers."
These principles were advanced and carried out until 1951, when a gradual but certain decline in the furtherance of the corporate purposes occurred. In 1954, the club premises, which housed facilities for selling beer and liquor, were sold. The following year it failed to elect officers as required by the State Liquor Control Board, and during the entire period of decline neglected to hold meetings and carry out the corporate purpose.
The appellant produced no testimony in its own behalf.
Plaintiffs, who are eighteen of thirty-one members, sought an accounting by the corporate officers, with dissolution and distribution of its assets. Accordingly, the court below entered judgment of ouster in favor of the plaintiffs and against the defendant nonprofit corporation, and dissolution. This appeal followed.
Appellant contends that only by the Attorney General can this action be maintained for the dissolution of a nonprofit corporation.
The Act of 1836, P.L. 621, § 2, 12 PS § 2022, reads: "... any person or persons desiring to prosecute the same" may bring an ...