Mayer v. Interstate Fire Insurance

Hall, Justice.

Plaintiff-appellant filed suit on the balance due on a surety bond and propounded interrogatories to the defendant-appellee. The defendant corporation answered through one "Marbut,” who was an agent of the corporation at the time of the issuance of the surety bond but who resigned before answering the interrogatories. The plaintiff filed a motion to strike defendant’s answers and asked "that the court apply sanctions as provided by law.” The trial court sustained the motion, struck defendant’s answers and entered a default judgment against the defendant.

On appeal, the Court of…