Mann v. Ray Lee Supply

George Rose Smith, Justice.

In this suit upon a $454.96 open account the trial court entered a default judgment against the appellant, for his failure to answer interrogatories propounded by the plaintiff. For reversal it is argued that the statute relied upon in the court below does not apply to interrogatories and that the court erred in entering judgment without notifying the defendant that a trial was to be held.

The appellant had filed a general denial. The plaintiff’s nine interrogatories were not answered within the 15 days allowed by the statute, which does apply to interrogatories.…