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106 CORPORATIONS. [ART. XXIII
is located, or where it regularly transacts business or exercises its fran-
chises, or in any local action, where the subject matter thereof lies; and
process against such corporation may be served as hereinabove pro-
vided, and may be directed to the sheriff of any County or of the City
of Baltimore, returnable to the Clerk of the Court out of which same
issued. And whenever any corporation of this State has become surety
on any bond required by law to be filed in any Court thereof or with
any register of wills, public board or official—suit against such corpora-
tion on such bond may be brought in the city or county where the same
is filed. Nothing herein shall prevent or affect the issuance of such
attachments against corporations of this State as are now or may here-
after be allowed by law.
An attorney of a corporation is not an "officer," and hence a summons
may not be served on him as a member of the first class enumerated in
this section. If a director resides in Maryland, service should be made
upon him before resorting to those mentioned in the second class. Wash.
& Rock. Rwy. Co. v. Johnson, 127 Md. 221.
A service on a person as the agent of a corporation not professing to
be on him as a director or officer, and when no copy of the process is left
with such person, is improper under this section. Process may not be
served by reading the writ over the telephone. Irregularities in service
of process held not to have been waived by an entry of an appearance or
the signing of a return; authority in this regard of director and agent.
Sharpless Separator Co. v. Brilhart, 129 Md. 89.
As to suits and process against the Adams Express Company and other
unincorporated stock companies, see article 73, section 23.
See notes to this section in volumes 1 and 3 of the Annotated Code.
1918, ch. 419, sec. 88 I.
87A.* Any unincorporated association or organization, consisting of
seven or more persons and having a recognized group name, may sue
or be sued by such name in any action affecting the common property,
rights and liabilities of such association or organization; all process,
pleadings and other papers in such action may be served on any pres-
ident, director, manager, agent or person in charge of the affairs of
such association or organization, and if none reside in this State such
association or organization may be proceeded against by attachment as
a non-resident, or such process may be served on any agent or other
person in the service of the association or organization, provided that
in all cases mentioned in this section the officer serving process shall
leave a copy thereof with the person upon whom it is served; such action
shall have the same force and effect, as regards the common property,
rights and liabilities of such association or organization only, as if it
were prosecuted by or against all the members thereof, and such action
shall not abate by reason of the death, resignation, removal or legal
incapacity of any officer or member of such association or organization,
or by reason of any change in the membership thereof. Such associa-
tion or organization may be sued in any county or in the City of Balti-
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*The act of 1918, chapter 419, directed that this section be numbered 881, but
it is manifestly out of place after section 88H.
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