Schatz v. Devitte

OPINION

By the Court,

Merrill, C. J.:

This is an action for slander. The defendant has appealed from judgment in the sum of $10,000 entered by the court below sitting without jury.

In her opening brief appellant made one assignment of error: that the court below had acted in abuse of discretion in striking defendant’s answer and entering default against her for her failure to appear for the taking of her deposition.

Rule 37 (d) NRCP provides, “If a party * * * willfully fails to appear before the officer who is to take his deposition, after being served with a proper notice * * * the court on…