TITLE V. Other actions by or against particular parties. Article 1. Action by or against an unincorporated association. 2. Action by or against certain county, town, and municipal officers 3. Actions, and rights of action, against and between joint debtors. ARTICLE FIRST. Action by or against an unincorporated association. Sec. 1919. Actions, etc., by or against associations of seven or more persots 1920. Proceedings in case of death, etc. 1921. Effect of judgment; execution thereupon. 1922. Subsequent action against members. 1923. This article permissive; effect upon statute of limitations. § 1919. Actions, etc., by or against associations of seven or more persons. An action or special proceeding may be maintained, by the president or treasurer of an unincorporated association, consist ing of seven or more persons, to recover any property, or upoz any cause of action, for or upon which all the associates may maintain such an action or special proceeding, by reason of the interest or ownership therein, either jointly or in common. A action or special proceeding may be maintained, against the pres dent or treasurer of such an association, to recover any property or upon any cause of action, for or upon which the plaintiff my maintain such an action or special proceeding, against all th associates, by reason of their interest or ownership, or claim ownership therein, either jointly or in common, or their liabili therefor, either jointly or severally. Any partnership, or othe company of persons, which has a president or treasurer, is deemed an association within the meaning of this section. L. 1849, ch. 258, § 1; 3 R. S., 5th ed., 777 (4 Edm. 650); L. 1851, ch. 45 3 R. S., 5th ed., 778 (4 Edm. 652). See § 448, ante. § 1920. Proceedings in case of death, etc. The death or legal incapacity of a member of the association does not affect an action or special proceeding, brought as pre scribed in the last section. If the officer, by or against whom it is brought, dies, is removed, resigns, or becomes otherwis incapacitated, during the pendency thereof, the court must mak an order, directing it to be continued by or against his success in office, or any other officer, by or against whom it might hav been originally commenced. Id., § 2. § 1921. Effect of judgment; execution thereupon. In such an action, the officer against whom it is brought car not be arrested; and a judgment against him does not authoria an execution to be issued against his property, or his person: does the docketing thereof bind his real property or chattels re Where such a judgment is for a sum of money, an executra issued thereupon must require the sheriff to satisfy the same, of any personal property belonging to the association, or owne jointly or in common, by all the members thereof, omitting any direction respecting real property. L. 1849, ch. 258, § 1. See §§ 3 and 1. § 1922. 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 the last three sections, 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 unexeuted, of an execution issued thereupon. After such a return, he party in whose favor the execution was issued, may maintain n action, as follows: 1. Where he was the plaintiff, or a defendant recovering upon counterclaim, he may maintain an action against the members f the association, or, in a proper case, against any of them, s if the first action had not been brought, or the counterclaim ad not been made, as the case requires; and he may recover herein, as part of his damages, the costs of the first action, or O much thereof, as the sum, collected by virtue of the execution, as insufficient to satisfy. 2. Where he was a defendant, and the case is not within subvision first of this section, he may maintain an action, to recover e sum remaining uncollected, against the persons who comosed the association, when the action against him was comenced, or the survivors of them. But this section does not affect the right of the person, in hose favor the judgment in the first action was rendered, to force a bond or undertaking, given in the course of the proedings therein. Part of id., § 4, am'd; L. 1853, ch. 153. 1923. This article permissive; effect upon statute of mitations. This article does not prevent an action from being brought or against all the members of an association, except as preibed in the last section. Where an action is brought against e members of the association, as prescribed in subdivision first the last section, the time between the commencement of the tion by or against the officer, and the return of the first execun issued upon the final judgment rendered therein, is not a rt of the time limited by law, for the commencement of the ond action. ee § 406, ante. 1924. When objection of misnomer, etc., of parties not ailable. ection 1813 of this act applies to an action brought, as preibed in the last section but one, against the members of any ociation, which keeps a book for the entry of changes in the mbership of the association, or the ownership of its property; to each book so kept. e L. 1869, ch. 157, § 2 (7 Edm. 426); also §§ 1813, ante, and 1945, post. 517 ARTICLE SECOND. Actions by or against certain county, town, and municipal officers. Sec. 1925. Action by à tax payer against a public officer. 1926. Actions by certain county, town, and municipal officers. 1927. Actions against such officers. 1928. The last two sections qualified. 1929. Designation of such officers in the summons, etc. 1930. Successor may be substituted. 1931. When execution against officer not to issue. § 1925. [Am'd, 1892.] Action by a tax payer against a public officer. An action to obtain a judgment, preventing waste of, or injury to, the estate, funds, or other property of a county, town, city or incorporated village of the State, may be maintained against any officer thereof, or any agent, commissioner, or other person, acting in its behalf, either by a citizen, resident therein, or by a corporation who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or incorporated village, or any public officer. L. 1872, ch. 161, § 1 (9 Edm. 339); L. 1892, ch. 425. § 1926. Actions by certain county, town, and municipal officers. An action or special proceeding may be maintained, by the trustee or trustees of a school district; the commissioner or commissioners of highways of a town; the overseer or overseers of the poor of a town, village, or city; the supervisor of a town: the county superintendent or superintendents of the poor; or the supervisors of a county, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them; to recover a penalty or a forfeiture, given to those officers, or the body represented by them: or to recover damages for an injury to the property or rights of those officers, or the body represented by them; although the cause of action accrued before the commencement of their term of office. 2 R. S. 473, § 92 (2 Edm. 494). § 1927. Actions against such officers. An action or special proceeding may be maintained, against any of the officers specified in the last section, upon any cause of action, which accrues against them, or has accrued against their predecessors, or upon a contract made by their predecessors i their official capacity, and within the scope of their authority. Id., § 98. § 1928. The last two sections qualified. The last two sections do not apply to a case, where it is spe cially prescribed by law, that an action may be maintained, by or against the body, represented by an officer designated in thos sections; but, in such a case, the prosecution or defence of the 1 action, as the case may be, must be conducted by the persons then in office, who represent that body. 2 R. S. 473, § 94. § 1929. Designation of such officers in the summons, etc. In an action or special proceeding, brought pursuant to section 1926 or section 1927 of this act, the officer, by or against whom it is brought, must be described in the summons, or other process by which it is commenced, and in the subsequent proceedings therein, by his individual name, with the addition of his official title. An objection, growing out of an omission to join any officer, who ought to be joined with the others, must be taken by the answer, or, in a special proceeding, before the close of the ase, on the part of the defendant; otherwise it is waived. Id., §§ 93, 96 and 99, am'd and consolidated. § 1930. Successor may be substituted. In such an action or special proceeding, the court must, in a proper case, substitute a successor in office, in place of a person nade a party in his official capacity, who has died or ceased to old office; but such a successor shall not be substituted as a efendant, without his consent, unless at least fourteen days' otice of the application for the substitution, has been personally erved upon him. Id., §§ 100 and 101, am'd. § 1931. When execution against officer not to issue. An execution cannot be issued upon a judgment for a sum of honey, rendered against an officer in an action or special proeeding brought by or against him, in his official capacity, pursunt to this article; except where it is rendered against the ustee or trustees of a school district, or the commissioner or ommissioners of highways of a town. In either of those cases, a execution may be issued against and be collected out of the roperty of the officer, and the sum collected must be allowed to im. in the settlement of his official accounts, except as otherwise pecially prescribed by law. Id., §§ 107 and 108, am'd. 519 ARTICLE THIRD. Actions and rights of action against and between joint debtors. Sec. 1932. Judgment against defendants jointly indebted, when all are not served. 1933. Effect of such judgment. 1934. Execution; indorsement thereupon. 1935. How collected. 1936. Judgment, how docketed; effect of docketing. 1937. Action to charge defendants not personally summoned. 1938. Complaint in such action. 1939. Answer. 1940. Provisional remedies. 1941. Judgment. 1942. Joint debtors may compound separately. Mode and effect. 1944. Rights of the debtors not released. 1945. Action against persons engaged in transportation. 1946. When partner not sued remains liable. 1947. Continuance of partnership business during action for accounti etc. § 1932. Judgment against defendants jointly indebted, when all are not served. In an action, wherein the complaint demands judgment for sum of money against two or more defendants, alleged to be jointly indebted upon contract, if the summons is served upon. one or more, but not upon all of the defendants, the plaintiff may proceed against the defendant or defendants, upon whom it served, unless the court otherwise directs; and, if he recovers final judgment, it may be taken against all the defendants thus joint indebted. Co. Proc., 136, subd. 1. See, also, § 1935, post. § 1933. Effect of such judgment. Such a judgment is conclusive evidence of the liability of ead defendant, upon whom the summons was personally served. who appeared in the action. Where it is taken against a defend ant, upon whom the summons was served by publication, or with out the State, pursuant to an order for that purpose, it has the effect as against that defendant, specified in section 445 of this act. As against such a defendant, who is allowed to defend after judgment, or as against a defendant not summoned, it is eviden only of the extent of the plaintiff's demand, after the liability of that defendant has been established, by other evidence. 2 R. S. 377, § 2 (2 Edm. 391). See § 1278, ante. § 1934. Execution; indorsement thereupon. An execution upon such a judgment must be issued, in form against all the defendants; but the attorney for the judgment creditor must indorse thereupon a direction to the sheriff, contais ing the name of each defendant, who was not summoned, and re stricting the enforcement of the execution, as prescribed in the next section. Id., § 3. § 1935. How collected. An execution against the person, issued upon such a judgment shall not be enforced against the person of a defendant, whos name is so indorsed thereupon. An execution against property |