[§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.