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persons, parties, name, union and dicey

ASSOCIATION. The act of a number of persons in uniting together for some purpose. The persons so joining.

An organized `union of persons for a com mon purpose ; a body of persons acting to gether for the promotion of some object of mutual interest or advantage. Cent. Dict.

Any combination of persons whether the same be known by a distinctive name or not. Stroud, Jud. Dict.

An unincorporated company is fundamen tally a large partnership, from which it dif fers mainly in the following particulars: That it is not bound by the acts of the indi vidual partners, but only by those of its managers ; that shares in it are transferable; and that it is not dissolved by the retire ment, death, bankruptcy, etc., of its individ ual members ; Dicey, Parties 149.

In the United States this term is used to signify a body of persons united without a charter but upon the methods and forms used by incorporated bodies for the prosecution of some enterprise. Abbott, L. Dict.

Apart from a statute, no action lies by or against an unincorporated association as such; Karges Furniture Co. v. Woodworkers Local Union, 165 Ind. 421, 75 N. E. 877, 2 L. R. A. (N. S.) 788, 6 Ann. Cas. 829; Dicey, Parties 148 ; especially when it is not organ ized to carry on some business ; St. Paul Typothetu v. Bookbinders' Union, 94 Minn. 351, 102 N. W. 725, 3 Ann. Cas. 695 ; Cleland v. Anderson, 66 Neb. 252, 92 N. W. 306, 96 N. W. 212, 98 N. W. 1075, 5 L. R. A. (N. S.) 136. Actions must be brought in the names of all the members. The inconvenience of this doctrine has led to much legislation. Some statutes provide for suits against asso ciations (or partnerships) in the associate names, service of process on officers or other associates, and judgments binding the asso date property, but only those members in dividually who have been personally served; see 20 Harv. L. Rev. 58. Judgments may

bind individually even those members not personally served; Patch Mfg. Co. v. Cape less, 79 Vt. 1, 63 Atl. 938. Such association may sue and be sued by its name ; Whitney v. Backus, 149 Pa. 29, 24 Atl. 51; Davison v. Holden, 55 Conn. 103, 10 Atl. 515, 3 Am. St. Rep. 40. In New York actions may be brought against such association of seven or more persons in the name of the president or treasurer ; Curran v. Galen, 152 N. Y. 33, 46 N. E. 297, 37 L. R. A. 802, 57 Am. St. Rep. 496. One or more members may sue for the benefit of all, where the members are so nu merous that it is impracticable to bring them all in; Liggett v. Ladd, 17 Or. 89, 21 Pac. 133. In England it has been held that an association of employes might be sued in its name, upon the ground that such associa tions are expressly recognized by parlia ment, and such right arises by necessary im plication from the legislative recognition, and the right to own property ; [1901] A. C. 426. See 20 Harv. L. Rev. 58; Dicey, Parties.


In English Law. A writ directing certain persons (usually the clerk and his subordi nate officers) to associate themselves with the justices and sergeants for the purpose of taking the assizes. 3 Bla. Com. 59.