Smith v. Mullinax

I cannot concur in the opinion as written or in the judgment of reversal. To discuss the case logically I must review the facts.

*836The defendant, Pat N. Hill, was served personally with copy of summons and complaint by W. L. Reed, Jr., Sheriff of Hall County, and he appeared in court in response to this service by filing defensive pleadings, signed by his counsel of record. Thereafter, on the 5th day of March, 1969, plaintiff, in writing, notified said Hill’s counsel that Hill’s depositions would be taken on the 20th day of March, 1969. Hill did not appear and the plaintiff moved for sanctions,…