Burden v. J. C. Cross & Co.

Citations

• 33 Tex. 685

Syllabus

<p>1. A judgment by default in favor of a firm and in the partnership name, without disclosing the names of the several partners, and rendered on a petition defective in the same respect, is erroneous, and will be^-eversed by this court on writ of error. The defendant had a right to know the name and residences of each of the plaintiffs. '</p> <p>2. In a suit on a note executed by a principal ancf a surety, (the suretyship being apparent on the face of the note,) it was error, after ineffectual efforts to get service on the principal, to dismiss as to him and take judgment by default against the surety, there being no suggestion that the , principal resides beyond the limits of the State, or that he is insolvent. (Paschal’s Digest, Article 1449.)</p>