Naive v. Jones

CLAY, Commissioner.

Appellant plaintiff brought suit to recover certain personal property, or the value thereof (alleged to be $13,000), which had been stored with appellee defendants. His claim was dismissed with prejudice on the ground he failed to answer without reasonable excuse an interrogatory addressed to him by defendants.

The suit was filed September 22, 1959. On October 5 defendants served on plaintiff, under Civil Rule 33, an interrogatory which requested information with respect to the identity of the items involved, their cost, and from whom purchased. Rule 33 requires the service…