Reagin v. Stroud

The defendant in a pending tort action, who was personally served with notice and subpoena to appear before a commissioner and be examined by the plaintiff under the provisions of sections 38-2301 et seq. of the Code of 1933, refused to appear in response thereto. Plaintiff filed her written motion in the trial court setting up the facts as to such refusal, and prayed that the defendant be required to appear and be examined on a day certain, or in default thereof that his plea and answer filed in the case be stricken. A rule nisi was issued on this motion. Tlie defendant demurred thereto, and…