Legal Opinion

Baskins v. United Mine Workers

Supreme Court of Arkansas

Decided November 7, 1921PublishedCited by 27 opinions

Appeal from Sebastian Circuit Court, Ft. 'Smith District; Jolm Brissolara, Judge; STATEMENT OE EAOTS. Appellants, sued appellee, United Mine Workers of America, an unincorporated association, to recover damages for the negligent killing of John Baskins. Mrs. John Baskins sued for herself, and as next friend of Allie Baskins, Buster Baskins, Gladys Baskins, Victor Baskins, and Kirby Baskins, minors.

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Appeal from Sebastian Circuit Court, Ft. 'Smith District; Jolm Brissolara, Judge; STATEMENT OE EAOTS. Appellants, sued appellee, United Mine Workers of America, an unincorporated association, to recover damages for the negligent killing of John Baskins. Mrs. John Baskins sued for herself, and as next friend of Allie Baskins, Buster Baskins, Gladys Baskins, Victor Baskins, and Kirby Baskins, minors. According to the allegations of the complaint she is the widow of John Baskins, deceased, and the other appellants are their minor children. United Mine Workers of America is an unincorporated…

1Opinion of the CourtHart, J.

(after stating the facts). The judgment of the circuit court was correct. There is no principle better settled than that an unincorporated association cannot, in the absence of a statute authorizing it, be sued in tis society or company name, but all the members must be made parties, since such bodies have, in the absence of statute,- no legal entity distince from that of their members. 5 C. J. 1369; Karges Furniture Co. v. Amalgamated Woodworkers’ Local Union (Ind.) 2 L. R. A. (N. S.) 788; St. Paul Typothetae v. St. Paul Bookbinders’ Union (Minn.) 3 Ann. Cas. 695. The common-law rule is…

2Cases cited2 opinions

  1. Lewelling v. Manufacturing Wood Workers UnderwritersSupreme Court of Arkansas · 1919
  2. Curators of Central College v. BirdSupreme Court of Arkansas · 1921

3Cited by27 opinions

  1. United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
  2. Jardine v. Superior CourtCalifornia Supreme Court · 1931
  3. Operative Plasterers' & Cement Finishers' International Ass'n v. CaseCourt of Appeals for the D.C. Circuit · 1937
  4. Hisaw v. State Farm Mutual Automobile InsuranceSupreme Court of Arkansas · 2003
  5. District No. 21 United Mine Workers of America v. BourlandSupreme Court of Arkansas · 1925

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