Interstate Fire Insurance v. Mayer

Shulman, Judge.

Appellee-plaintiff filed suit on the balance due on a surety bond and, in the course of proceedings, propounded certain interrogatories to the appellant. Appellant filed answers to the interrogatories. Appellee contends that the answers were incomplete and evasive and that they were sworn to by one "Marbut,” who admittedly was not an agent of appellant at the time he swore to the answers. On these grounds appellee filed a motion "to strike defendant’s answer to plaintiffs first interrogatories.” The trial court sustained the motion, stating in its order that the defendant had…