2006 Minnesota Statutes

CHAPTER 540. PARTIES TO ACTIONS

540.01 [Repealed, 1974 c 394 s 12]

540.02 [Repealed, 1974 c 394 s 12]

540.03 ACTION BY ASSIGNEE; SETOFF SAVED; EXCEPTION.
If a thing in action be assigned, an action thereon by the assignee shall be without prejudice to
any setoff or defense existing at the time or before notice of the assignment; but this section does
not apply to negotiable paper, transferred in good faith and upon good consideration before due.
History: (9166) RL s 4054

540.04 [Repealed, 1974 c 394 s 12]

540.05 MARRIED PERSON MAY SUE OR BE SUED ALONE.
In cases where the spouse, except for the marriage relation, would not be a necessary party, a
married person may sue and be sued as if unmarried and without joining the spouse. If a person
marries and at the same time takes a new name while a party to a pending action, the person
shall thereafter be designated by the new name.
History: (9168) RL s 4056; 1987 c 49 s 13

540.06 [Repealed, 1974 c 394 s 12]

540.07 PARENT OR GUARDIAN MAY SUE FOR SEDUCTION.
A parent may maintain an action for the seduction of the son or daughter, and the guardian
may maintain an action for the seduction of the ward, though the son or daughter or ward is
not living with, or in the service of, the plaintiff at the time of the seduction or afterwards, and
there is no loss of service.
History: (9171) RL s 4059; 1981 c 31 s 14

540.08 INJURY TO CHILD OR WARD; SUIT BY PARENT OR GUARDIAN.
A parent may maintain an action for the injury of a minor son or daughter. A general
guardian may maintain an action for an injury to the ward. A guardian of a dependent, neglected,
or delinquent child, appointed by a court having jurisdiction, may maintain an action for the
injury of the child. If no action is brought by the father or mother, an action for the injury may
be brought by a guardian ad litem, either before or after the death of the parent. Before a parent
receives property as a result of the action, the parent shall file a bond as the court prescribes and
approves as security therefor. In lieu of this bond, upon petition of the parent, the court may order
that the property received be invested in securities issued by the United States, which shall be
deposited pursuant to the order of the court, or that the property be invested in a savings account,
savings certificate, certificate of deposit, or share certificate, in a bank, savings association, trust
company, credit union in which either the depositor or beneficiary is a member, or an annuity or
other form of structured settlement, subject to the order of the court. A copy of the court's order
and the evidence of the deposit shall be filed with the court administrator. Money or assets in
an account established by the court under this section are not available to the minor child or
the child's parent or guardian until released by the court to the child or the child's parent or
guardian. No settlement or compromise of the action is valid unless it is approved by a judge
of the court in which the action is pending.
History: (9172) RL s 4060; 1907 c 58 s 1; 1929 c 113 s 1; 1943 c 416 s 1; 1951 c 347 s 1;
1961 c 346 s 1; 1969 c 660 s 2; 1981 c 31 s 15; 1981 c 313 s 25; 1Sp1986 c 3 art 1 s 82; 1989 c
282 art 2 s 198; 1993 c 257 s 48; 1995 c 202 art 1 s 25

540.09 DESERTED SPOUSE MAY SUE AND DEFEND IN ABSENT SPOUSE'S NAME.
When a spouse has deserted the family, the deserted spouse may prosecute or defend, in
the name of the absent spouse, any action which the absent spouse might have prosecuted or
defended, and shall have the same powers and rights therein as the absent spouse might have had.
History: (9173) RL s 4061; 1981 c 31 s 16

540.10 [Repealed, 1974 c 394 s 12]

540.11 SURETY MAY BRING ACTION.
An action may be brought against two or more persons for the purpose of compelling one to
satisfy a debt due to the other, for which the plaintiff is bound as surety.
History: (9175) RL s 4063

540.12 ACTION NOT TO ABATE BY DEATH; TORTS.
No action shall abate by reason of the death or disability of a party, or the transfer of the
party's interest, if the cause of action continues or survives. After a verdict, decision, or report
of a referee, fixing the amount of damages for a wrong, such action shall not abate by the death
of any party thereto.
History: (9176) RL s 4064; 1974 c 394 s 7; 1986 c 444

540.13 EXEMPTIONS OF LEGISLATIVE MEMBERS AND EMPLOYEES.
No member, officer, or employee of either branch of the legislature shall be liable in a civil
action on account of any act done in pursuance of legislative duties.
History: (9177) RL s 4065; 1986 c 444

540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW SATISFIED.
Any receiver, assignee, or other person appointed by a court to hold or manage property
under its direction may be sued on account of any acts or transactions in carrying on the business
connected with such property without prior leave of court.
Such action may be brought in any county in which it could have been brought against the
person or corporation represented by such receiver or other person, shall be tried in the same
manner and subject to the same rules of procedure, and any judgment recovered therein against
such receiver or other person shall be paid by the receiver or other person as a part of the expenses
of managing such property.
History: (9178, 9179) RL s 4066,4067; 1986 c 444

540.15 ASSOCIATES SUED AS PARTNERS.
When two or more persons transact business as associates and under a common name,
whether such name comprise the names of such persons or not, they may be sued by such common
name, and the summons may be served on one or more of them. The judgment in such case shall
bind the joint property of all the associates, the same as though all had been named as defendants.
History: (9180) RL s 4068

540.151 SUABILITY; COMMON NAME.
When two or more persons associate and act, whether for profit or not, under the common
name, including associating and acting as a labor organization or employer organization, whether
such common name comprises the names of such persons or not, they may sue in or be sued by
such common name, and the summons may be served on an officer or a managing agent of the
association. The judgment in such cases shall accrue to the joint or common benefit of and bind
the joint or common property of the associates, the same as though all had been named as parties
to the action. Any money judgment against a labor organization or employer organization shall
be enforceable only against the organization as an entity and against its assets, and shall not be
enforceable against any individual member or the member's assets.
History: 1947 c 527 s 1; 1955 c 597 s 1; 1986 c 444

540.152 SERVICE OF PROCESS ON UNIONS, GROUPS, OR ASSOCIATIONS.
The transaction of any acts, business, or activities within the state of Minnesota by any
officer, agent, representative, employee, or member of any union or other groups or associations
having officers, agents, members, or property without the state on behalf of the union or other
groups or associations or any of its members or affiliated local unions shall be deemed an
appointment by the union or other groups or associations of the secretary of state of the state
of Minnesota to be the true and lawful attorney of the union or other groups or associations,
upon whom may be served all legal processes or notices in any action or proceeding against or
involving the union or other groups or associations growing out of any acts, business or activities
within the state of Minnesota resulting in damage or loss to person or property or giving rise to any
cause of action under the laws of the state of Minnesota or to any matters or proceedings arising
under the Minnesota Labor Relations Act. Such acts, business, or activities shall be a signification
of the agreement of the union or other groups or associations and its members that any process or
notice in any action, matter, or proceeding against or involving it, which is so served, shall be of
the same legal force and validity as if served upon the union or other groups or associations and
its members personally. Service of process or notice shall be made according to section 5.25. The
service shall be sufficient service upon the union or other groups or associations and its members.
History: 1947 c 527 s 2; 1955 c 597 s 2; 1955 c 820 s 47; 1980 c 541 s 8; 3Sp1981 c 2 art 1
s 72; 1984 c 618 s 57; 1987 c 404 s 187; 1989 c 335 art 1 s 258; 1995 c 128 art 1 s 18

540.153 EXCEPTIONS.
Sections 540.151 to 540.153 shall not apply to any person or labor organization subject to
the Federal Railway Labor Act, United States Code Annotated, title 45, chapter 8.
History: 1947 c 527 s 3

540.154 ACTIONS AGAINST UNIONS, GROUPS, OR ASSOCIATIONS; WHERE
BROUGHT.
An action in a state court against an association referred to in section 540.151 shall be
brought in district court in the county in which the organization maintains its principal office in
this state or in the district court of the county in which the acts complained of occurred.
History: 1955 c 597 s 3

540.16 [Repealed, 1974 c 394 s 12]

540.17 JOINDER OF CONNECTING CARRIERS.
    Subdivision 1. Joinder. When any personal property shall be transported by two or more
connecting common carriers into or through this state and shall become injured or damaged
during transportation, the consignor, consignee or owner thereof, or the owner's assignee, in an
action to recover damages for such injury, may join as parties defendant one or more of such
connecting common carriers with the last or delivering common carrier.
    Subd. 2. Pleading and proof. In any such action brought in any court of this state against the
last or delivering carrier and any one or more connecting common carriers, it shall be sufficient
for the plaintiff to allege in the complaint and prove upon the trial of such action, that such
personal property was in good order and condition when delivered to the initial carrier, that
the same was transported from the initial point of shipment to its destination by two or more
connecting common carriers, including the defendants, that it was in whole or in part injured or
damaged on arrival at destination, and the general nature and amount of such injury or damage
thereto, and such proof shall be prima facie evidence that such injury or damage was caused by
the negligence of all the defendants and the amount of loss or damage caused to such property by
the negligence of each and every one of the defendants shall be determined by the jury upon the
trial of the action from all the evidence in the case, and a verdict rendered accordingly.
History: (9183, 9184) 1907 c 446 s 1,2; 1986 c 444

540.18 DAMAGE BY MINOR; RESPONSIBILITY OF PARENT, GUARDIAN, AND
MINOR.
    Subdivision 1. Liability rule. The parent or guardian of a minor who is under the age of 18
and who is living with the parent or guardian and who willfully or maliciously causes injury to
any person or damage to any property is jointly and severally liable with such minor for such
injury or damage to an amount not exceeding $1,000, if such minor would have been liable
for such injury or damage if the minor had been an adult. Nothing in this subdivision shall be
construed to relieve such minor from personal liability for such injury or damage. The liability
provided in this subdivision is in addition to and not in lieu of any other liability which may exist
at law. Recovery under this section shall be limited to special damages.
    Subd. 2. Not applicable to certain persons. This section shall not apply to persons having
custody or charge of any minor under the authority of the Human Services or Corrections
Department of the state.
History: Ex1967 c 41 s 1-3; 1969 c 803 s 1; 1980 c 580 s 22; 1984 c 654 art 5 s 58; 1986 c
444; 1993 c 326 art 6 s 5; 2005 c 10 art 4 s 28