Waller v. Edmonds

Roberts, Chief Justice.

This is a writ of error from a judgment by default, rendered in favor of Edmonds against W. A. Jenkins, the principal, and W. G. Waller, the surety on the note sued on. It is assigned as error that W. G. Waller, who was the surety, and who had waived the service of process, was the same W. G. Waller who, as sheriff of Erath county, served the original citation on the principal, W. A. Jenkins.

The record presents no evidence of this fact, except the similarity in the initial letters of the given name and the similarity of the surname, as they appear in the petition, and…