§634-30 - Organizations and associations, service of process on; judgment.
[§634-30] Organizations and associations, service of process on; judgment. When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprises the names of the persons or not, they may sue in or be sued by the common name, and the process shall be served on any officer, trustee, or agent of the association if he can be found, or if no such officer, trustee, or agent can be found as shown by the return of the serving officer, then upon any one or more members of the association, or as otherwise provided by rule of court. Any such service constitutes service upon the association. The judgment in such cases shall accrue to the joint or common benefit of and bind the joint or common property of the association, the same as though all members had been named as parties to the action. No judgment shall be enforceable against any individual or his individual assets unless (1) he has been joined and served as an individual party to the action, or (2) the judgment is so enforceable pursuant to section 634-3, or any other law. [L Sp 1949, c 4, §1; RL 1955, §230-39; HRS §634-66; am L 1972, c 89, §2A(j); ren HRS §634-30]
Rules of Court
Actions relating to unincorporated associations, see HRCP rule 23.2.
Execution, see HRCP rule 69.
Service, see HRCP rule 4.
Case Notes
Mentioned with respect to validity of personal judgment against creditors and stockholders of a corporation. 59 H. 189, 579 P.2d 99.