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This entry was published on 2014-09-22
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Subsequent action against members
General Associations (GAS) CHAPTER 29, ARTICLE 3
§ 16. Subsequent action against members. Where an action has been
brought against an officer, or a counterclaim has been made, in an
action brought by an officer, as prescribed in this article, another
action, for the same cause, shall not be brought against the members of
the association, or any of them, until after final judgment in the first
action, and the return, wholly or partly unsatisfied or unexecuted, of
an execution issued thereupon. After such a return, the party in whose
favor the execution was issued, may maintain an action, as follows:

1. Where he was the plaintiff, or a defendant recovering upon a
counterclaim, he may maintain an action against the members of the
association, or, in a proper case, against any of them, as if the first
action had not been brought, or the counterclaim had not been made, as
the case requires; and he may recover therein, as part of his damages,
the costs of the first action, or so much thereof, as the sum, collected
by virtue of the execution, was insufficient to satisfy.

2. Where he was a defendant, and the case is not within subdivision
first of this section, he may maintain an action, to recover the sum
remaining uncollected, against the persons who composed the association,
when the action against him was commenced, or the survivors of them.

But this section does not affect the right of the person, in whose
favor the judgment in the first action was rendered, to enforce a bond
or undertaking, given in the course of the proceedings therein. Section
eleven of this chapter applies to an action brought, as prescribed in
this section against the members of any association, which keeps a book
for the entry of changes in the membership of the association, or the
ownership of its property; and to each book so kept.