Stitzinger v. Truitt

Plaintiff recovered judgment for $5,750 for the construction of an oil well derrick. Two only of the defendants appeal—Miller and Ragos. They were personally served "with summons. The points raised by these appellants are in general that the facts surrounding the making of the contract for the erection of the derrick were such and the nature of the written articles forming the syndicate was such that no personal judgment should have been given against them.

The amended complaint alleges that the syndicate is a business trust. The joint answer of these appellants and the syndicate is equivocal,…