Association
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
The act of a number of persons in uniting together for some purpose. The persons so joining. An organized union of persons for a common purpose; a body of persons acting together for the promotion of some object of mutual interest or advantage. Cent. Diet Any combination of persons whether the same be known by a distinctive name or not. Stroud, Jud. Diet. An unincorporated company is fundamentally a large partnership, from which it differs mainly in the following particulars: That it is not bound by the acts of the individual partners, but only by those of its managers; that shares in it are transferable; and that it is not dissolved by the retirement, death, bankruptcy, etc., of its individual 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 ©f some enterprise. Abbott, L. Diet. 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 14S; especially when it is not organized to carry on some business; St Paul Typothetae v. Bookbinders' Union. 94 Minn. 351, 102 N. W. 725, 3 Ann. Cas. 695; Cleland v. Anderson.
GO Neb. 252, 92 N. W. 30G, 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 associations (or partnerships) in the associate names, service of process on officers or other associates, and judgments binding the associate property, but only those members individually 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. (apeless, 79 Vt. l, 03 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. Galon. 152 N. Y. 33, 46 N. E. 297, 37 L. R. A. 802, 57 Am. St. Rep. merous that it is impracticable to brin^all in; Liggett v. Ladd, 17 Or. 89, 21 133. In England it has been held that an lation of employes might be sued in its upon the ground that such ations are expressly recognized by i ment, and such right ari ry implication from the legislative recognition, and the right to own property; [1901] a. <'. 426. Si - -" Barv. i>. Rev. 58;] irties. I -mi'; Pasties; Jors i Co MrANiirs; Building Associations; !;. cial Associations; Chakitablb Uses; Ex- I'unsio.v In English Law. A writ directing certain persons (usually the clerk and his subordinate officers) to associate t' with the justices and sergeants for the purpose of taking the assizes.
3 Bla. Com. 59.
ASS0IL (spelled also assoile, absoile, assoilyie). To set free; to deliver from excommunication.
Stat. 1 Hen. IV. a 7; Cowell.
See Absoil.
See Absoil.