Ex parte McLendon
Supreme Court of Alabama
Application for a mandamus to the circuit judge of the eighth judicial circuit, sitting for Barbour county, to compel the dismissal of a suit therein pending, wherein one Samuel Gilbert was plaintiff, and John McLendon and Matthew Averett were defendants.
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Application for a mandamus to the circuit judge of the eighth judicial circuit, sitting for Barbour county, to compel the dismissal of a suit therein pending, wherein one Samuel Gilbert was plaintiff, and John McLendon and Matthew Averett were defendants. It appeared from the transcript exhibited with the petition, that the following orders were made in the cause: “ Spring term, 1857. Continued for want of plaintiff’s answers to interrogatories, and if not answered within one hundred and twenty days, plaintiff’s suit stands «dismissed ; and on the further condition, that plaintiff pay all…
1Opinion of the Court
WALKER, J.—
The Code does not require that the court should dismiss the suit of a plaintiff, who fails to answer interrogatories propounded by his adversary within the time prescribed by law. It authorizes the court, either to attach the party, and compel him to answer, or to continue the cause, until full answers are made; or to direct a nonsuit, or judgment by default, to be entered. Code, § 2334.
The order made at the spring term, 1857, that the plaintiff’s suit should stand dismissed, if he failed to answer the interrogatories in one hundred and twenty days, was not a final order. The…
2Cases cited3 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Edwards v. LewisSupreme Court of Alabama · 1850
- Ex parte RemsonSupreme Court of Alabama · 1853
3Cited by4 opinions
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- Ex parte BradshawSupreme Court of Alabama · 1911
- Lide v. ParkSupreme Court of Alabama · 1902
- Orr v. StewartAlabama Court of Appeals · 1919