Trembath v. Davis

PHILLIPS, Chief Justice.

This case is before us on writ of error from a default judgment entered by the district court in favor of respondent Jessie M. Davis, doing business as Earl’s Air Cooled Engine Service. Respondent had brought suit against Robert Trembath, individually and doing business as Landscape Maintenance and Construction Company, in the amount of $2,286.09 which included $750 in attorney’s fees. We reverse this judgment and remand the cause to the district court for a new trial.

Respondent filed suit on a sworn account against petitioner Trembath on September 30, 1975, alleging…