Purcell Wholesale Grocery v. Cantrell

MASON, V. O. J.

On June 23, 1923, and during the May term of th'e district court of Carter county, the plaintiff in error, Purcell Wholesale Grocery, obtained a judgment against the defendant in error, in an action on an account, for $300.46 and interest. After said term of court had 'expired, the defendant. on September 20, 1923, filed a petition to vacate said judgment and attached thereto his answer which he desired to file, wherein he denied liability under the plaintiff’s petition. The plaintiff was not served with summons and, in fact, none was issued. The district court proceeded to…