Boswell v. Travis

Action by the appellee against the appellants upon a note and mortgage. Judgment for the plaintiff.

The defendants filed interrogatories to be answered by the plaintiff

Upon the cause being called for trial, the defendants objected to the trial until the plaintiff had answered the interrogatories thus filed; but the Court overruled the objection, and ordered the trial to proceed. There was no evidence before the Court that the plaintiff was absent from the county, except that he was not present in Court. His attorneys offered to swear, but did not swear, that he was absent from the county. The…