Legal Opinion
Bratten Apparel, Inc. v. Lyons Textile Mill, Inc.
Court of Appeals of Georgia
Decided June 21, 1973No. 47827PublishedCited by 13 opinions
1Opinion of the Court
Bell, Chief Judge.
In this suit on an open account there was a late filing of answers by defendant to plaintiffs interrogatories. Also some of the answers were not responsive and some questions were not answered at all. But some were fully answered. The plaintiff thereafter filed a motion to strike the answers, to dismiss the defendant’s answer and counterclaim and for a default judgment. After hearing, the trial court entered an order striking the answers and dismissing defendant’s answer to the complaint and its counterclaim. Held:
l.The court erred in this order because: (a) CPA § 37 (Code…
2Cases cited2 opinions
- Maxey v. CovingtonCourt of Appeals of Georgia · 1972
- Morton v. Retail Credit Co.Court of Appeals of Georgia · 1971
3Cited by13 opinions
- Deyo v. KilbourneCalifornia Court of Appeal · 1978
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. EcholsCourt of Appeals of Georgia · 1976
- Thornton v. BursonCourt of Appeals of Georgia · 1979
- Rucker v. BlakeyCourt of Appeals of Georgia · 1981
- State v. WeeksCourt of Appeals of Georgia · 1975
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