Waller v. Edmonds

Citations

• 47 Tex. 468

Syllabus

<p>Identity of name—Presumption in favor of judgment.—Suit was instituted against two defendants. One accepted service of citation. On the other, citation was served by the sheriff. The name of the defendant accepting service and of the sheriff was the same: Held, On error, in the absence of testimony, it will not be presumed, from the identity of name, that the sheriff was the same person who, as defendant, accepted service. A judgment by default against both defendants in such case affirmed.</p>