Nail v. Gene Biddle Feed Company

HIGHTOWER, Justice.

This is an appeal from the trial court’s refusal to set aside a default judgment rendered against appellant Frank Nail upon a petition directed against his son, B. F. Nail, and citation issued to said B. F. Nail but personally served upon Frank Nail.

Gene Biddle Feed Company, Inc., et al., filed its petition in the county court of Shelby County against B. F. Nail as sole defendant for the balance of the purchase price of a truck load of chickens. Citation designating B. F. Nail as defendant in the suit ' was subsequently served upon his father Frank Nail, but the sheriff’s…