2020 New Mexico Statutes
Chapter 53 - Corporations
Article 10 - Unincorporated Associations
Section 53-10-6 - Suits against or by unincorporated associations; recovery of judgments.

Universal Citation: NM Stat § 53-10-6 (2020)

A. An unincorporated association may sue or be sued in its common name for the purpose of enforcing for or against it any substantive right. Suit may be brought against an unincorporated association by any individual member of the association, and the unincorporated association may sue its individual associates.

B. Any money judgment obtained against an unincorporated association shall bind only the joint or common property of the association.

C. In any action against an unincorporated association process may be served by delivering a copy of the summons and of the complaint or other pleading to an officer of the association or other head officer or agent in charge of its principal office in this state or by serving process in the manner now provided for service of process against corporations.

History: 1953 Comp., § 51-18-5.1, enacted by Laws 1959, ch. 68, § 1.


Class action allegations not necessary. — This section provides that unincorporated associations may be sued in their own name and the union defendants are sued as unincorporated labor organizations. Being sued in their own name, no allegations of a class action were necessary to make them defendants in this action. Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

No substantive right against association. — Near the close of rodeo sponsored by an American Legion post, woman was injured by beam falling from truck when it was being moved by special servant at request of member of auxiliary. The driver of the truck was a special servant at the time of the accident, controlled by and acting under the direction of the auxiliary, an unincorporated association. He was assigned specifically by his post to do only the heavy work; other tasks were to be performed by the auxiliary. The stand was the exclusive project of the ladies who received all of the benefits. Legion post was not liable for the accident. Weese v. Stoddard, 1956-NMSC-117, 63 N.M. 20, 312 P.2d 545.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Associations and Clubs § 52.

Recovery by member from unincorporated association for injuries inflicted by tort of fellow member, 14 A.L.R.2d 473.

Liability to one struck by golf ball, 53 A.L.R.4th 282.

Association of persons as proper representative of class under Rule 23 of Federal Rules of Civil Procedure governing maintenance of class actions, 63 A.L.R. Fed. 361.

7 C.J.S. Associations § 16.

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