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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 698   View pdf image (33K)
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698 ARTICLE 23.

As to proceedings against a defendant corporation as though it were a non-
resident, if neither the president nor any of its directors, officers or agents reside in
Maryland, see art. 16, sec. 135.

As to process in general, see art. 75, sec. 153, et seq., and notes.

As to suits and procoss against the Adams Express Company and other unin-
corporated stock companies, see art. 73, sec. 31.

As to process against corporations in criminal cases, see art. 27, secs. 727 and 728.

As to process against fraternal orders, see art. 48A, sec. 163.

An. Code, sec. 87A. 1918, ch. 419, sec. 881.

104. 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 president, director, man-
ager, agent or person in charge of the affairs of such association or organi-
zation, 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 organiza-
tion 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 organiza-
tion, 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-
more, as the case may be, where its principal office is located, or where it
regularly meets or transacts business, or in a local action where the subject-
matter thereof lies.

A labor union, such as the United Mine Workers of America, is suable in the
federal courts and their funds subject to execution. United Mine Workers v.
Coronado Coal Co., 259 U. S. 386.

As to suits and process against the Adams Express Company and other unin-
corporated stock companies, see art. 73, sec. 31.

An. Code, sec. 88. 1908, ch. 240, sec. 63.

105. It shall be sufficient in any suit, pleading or process, either at
law or in equity or before a justice of the peace against any corporation,
to describe it by the name or title by which it is commonly known or by or
under which its business is transacted.1

Sec. 415 of the Code of 1904 referred to in deciding that articles of association of
an unincorporated association like the Adams Express Company to which the mem-
bers give their assent, are binding on them and will be recognized by the courts
unless they are against public policy or inequitable; other questions may arise if
third parties are interested. Realty. Co. v. Adams Land & Bldg. Co., 128 Md. 661.

Sec. 415 of the Code of 1904 plainly recognized not only the existence of a com-
mon interest, but also its representation by an organized body; the power to sue
presupposes the right to acquire and possess in the same capacity the interests
which a suit might protect. A gift inter vivos to an unincorporated association,
held valid; contra, as to a devise or bequest. Law prior to the adoption of said

1 Sec. 415 of the Code of 1904 was similar to this section, but applicable to joint stock
companies or associations.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 698   View pdf image (33K)
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