Scott v. Morris Brown College

McMurray, Presiding Judge.

Plaintiffs here appeal the trial court’s denial of their motion to vacate and set aside the judgment dismissing their complaint on the ground of willful failure to answer interrogatories. Plaintiffs assert, as they did below, that they never received notice of the rule nisi setting down the date and time for hearing on defendant’s motion to compel answers to interrogatories or to dismiss. Held:

1. “A motion to set aside must be predicated upon some nonamendable defect which does appear on the face of the record or pleadings, or ... upon lack of jurisdiction....” Code…