Hamblin v. McCallister

JUDG-E ROBERTSON

delivered the opinion of the court:

In this action by the appellee against the appellant and W. M. Gibson, on their joint note for money, the appellant, seeking exoneration, alleged in his answer that he was only Gibson’s surety, and that, shortly after the note became due, he gave the appellee an oral notice to sue *419at- the next term of the court, and, at the same time, “ offered to give a written notice; but the plaintiff waived a written notice, saying, ‘ I do not require a written notice; I waive a written notice; a verbal notice is all that is necessary.’ ”

The circuit court…