CHITTENDEN & EASTMAN CO. v. SMITH

No. 12472.

286 N.W.2d 314 (1979)

CHITTENDEN & EASTMAN COMPANY, Plaintiff and Respondent, v. Jack C. SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 19, 1979.


Attorney(s) appearing for the Case

A. Thomas Pokela of Braithwaite & Cadwell, Sioux Falls, for plaintiff and respondent.

Patrick J. Kirby of Kirby & Kiner, Mitchell, for defendant and appellant.


HENDERSON, Justice.

ACTION

This is an appeal from the circuit court's entry of default judgment in the amount of $16,140.25 in favor of plaintiff and against defendant for failure to answer interrogatories within the time required pursuant to a court discovery order. The circuit court struck defendant's answer in toto, resulting in plaintiff's default judgment. We reverse and remand.

FACTS

On February 18, 1975, plaintiff commenced action...

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