Sec. 52-292. Attachment in actions against voluntary associations and their members.
Sec. 52-292. Attachment in actions against voluntary associations and their
members. The property of a voluntary association, whether held by it or by trustees for
its benefit, may be attached and held to respond to any judgment that may be recovered
against it; but the individual property of its members shall not be liable to attachment
or levy of execution in actions against such association to which such members are not
parties. Any judgment obtained in a joint action against such association and its members
shall be satisfied first from the personal property of such association, if the same is
sufficient, and thereafter the property of any member of such association against whom
judgment was rendered jointly with such association may be taken upon execution to
satisfy the unpaid portion of such judgment. The attachment lien on the personal property
of any member of such voluntary association against whom judgment is rendered in an
action so brought shall not expire until two months from the completion of the levy
issued upon the personal property of such association; and if real estate of any member
has been attached in such action and judgment therein is rendered, the attachment lien
thereon shall not expire until four months from the completion of the levy of the execution against the personal property of such association. Nothing herein contained shall
be construed as prohibiting the plaintiff in any action of tort from satisfying such judgment out of the real estate of such association.
(1949 Rev., S. 8035.)
See Sec. 52-76 re actions by and against voluntary associations.
Creditor may sue association, or the individuals composing it; in the former case he can levy only on the property of
the association. 55 C. 113.
Failure to return complaint for two and one-half years not diligent as required for application of statute. 50 CA 632.
Cited. 33 CS 730.