Maddox v. Craig

GAINES, Associate Justice.

This is a writ of- error from a judgment by default rendered against the plaintiffs in error as makers of a promissory note.

It is first claimed that the judgment is erroneous because of a variance between the petition and the citations which were served upon the defendants S. S. Maddox and J. W. Maddox. In the petition the plaintiff is styled “J. T. Craig, assignee of C. W. Israel and J. ¡Ni Israel & Co.” In the citations the defendants are summoned to answer the petition of “ J. T. Craig, assignee of C. W. Israel & Co.” If the petition had read “ J. T. Craig, as…