Jensen v. Baughman

HALL, Justice:

Defendant appeals from an order of the District Court granting plaintiff’s motion to vacate a prior dismissal of his complaint with prejudice for failure to answer interrogatories.1 The sequence of events giving rise to the order appealed from is as follows. Defendant submitted the interrogatories to plaintiff on July 1, 1974, and the same being unanswered on January 23, 1975, a motion to dismiss was filed based on such failure to answer. The matter was duly heard on February 3, 1975, by the Honorable Stewart M. Hanson, Jr., who entered the following order.

Plaintiff has fifteen…