Baten Erection Corp. v. Iron Workers' Pension Trust Fund

WALLACE, Justice.

This is a writ of error arising from a default judgment. The petitioner, Baten Erection Corporation, attacks the judgment on grounds of (1) lack of jurisdiction over petitioner and, (2) “no evidence” and “insufficient evidence” of the amount of damages and attorney’s fees. Respondents contend that this court is without jurisdiction because the writ of error was not timely filed. We reverse and remand.

Respondents, plaintiffs below, pleaded in their original petition that they were entitled to $13,056.23 on an account stated, plus attorney’s fees of $4,532.08. Petitioner,…