Phelps v. Exchange Bank of Commerce

BATLESS, V. C. J.

This is an appeal from the district court of Hughes county, Okla. The Exchange Bank of Commerce, a corporation, sued E. R. Phelps and Roly Can'ard, joint administrators with will annexed, of the estate of William Buck, deceased. Judgment was rendered in favor of the plaintiff, aid against the defendants individually. The defendants appe'al. and the sole ground of complaint is that they were sued in their representative capacities only, and the court had no authority to render judgment against them in their individual Capacity, a capacity in which they had not been sued. The…