of judgments.
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.
ANNOTATIONS
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.
Notes of Decisions
Blue Canyon Well Ass'n v. Jevne, 410 P.3d 251 (N.M. Ct. App. 2017).
· cites it 7× “the name of [the] association," pursuant to Section 53-10-2; the right to mortgage or sell such property, conveying it by deed signed by an officer of the association, pursuant to Section 53-10-3; and the right to sue or be sued in the name of the association, with the…”
Blue Canyon Well Ass'n v. Jevne, 2018-NMCA-004.
· cites it 7× “the name of [the] association,” pursuant to Section 53-10-2; the right to mortgage or sell such property, conveying it by deed signed by an officer of the association, pursuant to Section 53-10-3; and the right to sue or be sued in the name of the association, with the…”
Cordova v. Cline, 2013-NMCA-083, 308 P.3d 975.
· cites it 2× “NMSA 1978, § 53-10-6(A), (B) (1959). {26} In New Mexico, an organization may have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim…”
Cordova v. Cline, 2013-NMCA-083, 4 N.M. 518.
· cites it 2× “NMSA 1978, § 53-10-6(A), (B) (1959). In New Mexico, an organization may-have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim asserted…”
Cordova v. Cline, 308 P.3d 975 (N.M. Ct. App. 2013).
· cites it 2× “NMSA 1978, § 53-10-6(A), (B) (1959). {26} In New Mexico, an organization may have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim…”
N.M. Stat. § 53-10-6(A): 3 cases
Cordova v. Cline, 2013-NMCA-083, 308 P.3d 975.
“NMSA 1978, § 53-10-6(A), (B) (1959). {26} In New Mexico, an organization may have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim…”
Cordova v. Cline, 2013-NMCA-083, 4 N.M. 518.
“NMSA 1978, § 53-10-6(A), (B) (1959). In New Mexico, an organization may-have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim asserted…”
Cordova v. Cline, 308 P.3d 975 (N.M. Ct. App. 2013).
“NMSA 1978, § 53-10-6(A), (B) (1959). {26} In New Mexico, an organization may have standing if “(a) its members would otherwise have standing to sue in their own right, (b) the interests it seeks to protect are germane to the organization’s purpose, and (c) neither the claim…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.