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06/26/81 SOKOL CAMP ASSOCIATION OMAHA v. JAMES J.

June 26, 1981

SOKOL CAMP ASSOCIATION OF OMAHA, NEBRASKA, APPELLEE,
v.
JAMES J. VELEHRADSKY, SR., APPELLANT



Appeal from the District Court for Douglas County: Theodore L. Richling, Judge.

Krivosha, C.j., Boslaugh, McCown, Brodkey, White, and Hastings, JJ.

The opinion of the court was delivered by: Hastings

The plaintiff, Sokol Camp Association of Omaha, Nebraska, originally commenced this action in the municipal court of the city of Omaha to collect a $500 initiation fee and $250 in annual dues arising out of the membership of the defendant, James J. Velehradsky, Sr., in the association. From a judgment entered against the defendant in the sum of $725 in the municipal court, an appeal was taken to the District Court for Douglas County. The District Court modified the judgment to $500, apparently eliminating the claim for $225 in annual dues. This action of the District Court is difficult to understand because the defendant admitted on cross-examination that he had "no quarrel" with the fact that he owed that amount. However, only the defendant has appealed from the $500 judgment; and because the plaintiff has not seen fit to cross-appeal, we can ignore the claim for annual dues.

The defendant assigns as error the finding of both the municipal court and the District Court that the initiation fee was validly assessed and that defendant came within the definition of a "new individual member." We reverse and dismiss.

The association was organized in 1936 for the purpose of social and cultural enhancement of Czechoslovakian ideals. The association owns certain land near Valley, Nebraska, which it sells in parcels to persons who become members and stockholders in the association, and which entitles them to have a right of access to the clubhouse and certain common grounds. The defendant has been a member of the association since approximately 1955, and served as one of its board ...


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