Legal Opinion

Cherokee Home Demonstration Club v. Oxendine

Court of Appeals of North Carolina

Decided November 20, 1990No. 9016DC145PublishedCited by 2 opinions

1Opinion of the Court

LEWIS, Judge.

I. Dismissal of Plaintiff Club’s Complaint

Group II contends that their complaint was improperly dismissed by the trial judge. Their complaint was dismissed because plaintiff Home Demonstration Club allegedly does not have capacity to sue in its own name. An unincorporated association may sue in its own name, without naming any of the individual members composing it, but only if the association alleges in its complaint the “specific location of the recordation required by G.S. 66-68.” G.S. § 1-69.1. G.S. § 66-68 requires an association to file a certificate in the office of the…

2Cases cited3 opinions

  1. Venus Lodge No. 62 v. Acme Benevolent Ass'nSupreme Court of North Carolina · 1950
  2. State v. HutsonCourt of Appeals of North Carolina · 1971
  3. Highlands Township Taxpayers Ass'n v. Highlands Township Taxpayers Ass'n, Inc.Court of Appeals of North Carolina · 1983

3Cited by2 opinions

  1. Daniel v. WrayCourt of Appeals of North Carolina · 2003
  2. Bdm Investments v. Lenhil, Inc.North Carolina Business Court · 2012

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