Sims v. McClure

The appellees sued the appellants, as *268school trustees, for materials furnished and services rendered in building a school-house. The appellants claim that, as the employment by them of the appellees was as school trustees of the city of Delphi, for the purpose of building a public school-house, the school city should have been sued in its corporate capacity, and not the trustees by their individual names. In this, we think, they are right.

By the first section of the act of March 3d, 1859, 1 G. & H. 570, each township is made a body corporate by the name and style of “ - School Township of -…