Carman v. Slavens

CROCKETT, Justice:

Defendant Bert Slavens appeals from an order of the district court that his answer be stricken and summary judgment be entered against him for his failure to appear on a notice to take his deposition and produce documents. We vacate the order and remand for trial on the merits.

Plaintiffs commenced this suit in 1974 against Slavens and Clinton Perry seeking recovery for unpaid debts and mechanic’s liens in connection with the defendants’ construction of an apartment building and residence for the plaintiff in Duchesne. On March 14, 1974, service of process was obtained on…