Hohlstein v. White

Deen, Judge.

Code Ann. § 81A-137 (d) provides: “If . . . a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, . . . the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party.” The rule is identical in wording with its federal equivalent, of which it has been said: “We call attention to the fact that the particular rule under which Far West moved for the dismissals, Fed. R. Civ. P.…