Nolan v. McNamee

Citations

• 82 Wash. 585
• 144 P. 904
• 1914 Wash. LEXIS 1561

Syllabus

<p>Associations — Actions Against Members — Judgment—Joint oe Several — Enforcement—Members Not Served. The liability of the members of an association being joint and several and each member being individually liable for all the debts of the association, a plaintiff who did not allege and prove that all its members were liable for the debt and who failed to take judgment against the joint property of all and the separate property of each, as provided in Rem. & Bal. Code, § 286, but contented himself with a several judgment against certain members served, cannot claim that the judgment is the joint obligation of all the members and obtain the benefit of Id., § 436 providing for the enforcement of such joint judgments against defendants not served.</p> <p>Same — Liability—Remedies Against Members Not Served. In case of the failure of the plaintiff, suing the members of an association, to enter a judgment enforceable against the joint property of all the defendants, as required by Rem. & Bal. Code, § 236, his only remedy against members not served is by way of an independent proceeding in which all existing defenses may be urged.</p> <p>Judgments — Joint Judgments — Parties Concluded — Persons Not Served — Enforcement—Supplemental Process. An unserved defendant, jointly liable, is not bound by the judgment unless it is taken in the form required by Rem. & Bal. Code, § 236, providing that judgment may be entered against all defendants jointly liable so far only as it may be enforced against the joint property of all and the separate property of the defendants served; hence where a several judgment, not recoverable out of joint property, is entered against the joint defendants served, an unserved defendant cannot be summoned after judgment, under Id., .§ 436, providing for service of summons after judgment upon defendants not originally served, in case a judgment is entered “against persons jointly indebted . . . as provided in section 236.”</p> <p>Same. Such, provisions