Warner v. Irving Lumber Co.

STOREY, Justice., This appeal by Michael Warner, who was plaintiff and cross-defendant in the trial court, presents two questions for review: First, whether plaintiff waived service of citation on defendant’s counterclaim, or by invoking the trial court’s jurisdiction, entered an appearance; and second, whether defendant’s proof of damages is sufficient to support the judgment on the counterclaim. We conclude that there is sufficient evidence to support the trial court’s finding that plaintiff entered an appearance, and therefore answer the first question in the affirmative. However, we agree…