Overhuls v. Alexander

BOX, Presiding Judge:

An appeal from an order of the trial court sustaining special demurrer of appel-lee and dismissing appellant’s cause of action as to appellee.

Appellant filed this action for wrongful death on September 1, 1972. In his petition, appellant alleged that the' wrongful actions of the defendants, including the ap-pellee, resulted in the death of appellant’s wife on September 10, 1970. Although the petition was captioned and brought against appellee individually, appellant inadvertently directed the summons to him in a representative capacity “as Trustee of Okmulgee Memorial…