Lawson v. Black Diamond Coal Mining Co.

Citations

• 44 Wash. 26
• 86 P. 1120

Syllabus

<p>Judgment — Failure ro Answer Interrogatories — Constitutional Law — Due Process. Bal. Code, § 6013, authorizing the court to strike a pleading and give judgment against a party tor failure to answer interrogatories is not unconstitutional as depriving a party of property without due process, since such failure to answer may be construed as an admission of material facts; hence such judgment is justified only where the failure to make discovery as to material facts is alleged and proved.</p> <p>Same. In an action against a corporation to recover a broker’s commission, interrogatories respecting negotiations and correspondence had with a stockholder relate to immaterial matters, as the stockholder has no power to bind the corporation; and failure to answer the same does not warrant judgment.</p> <p>Same — Discovery—Production op Documentary Evidence. After Eailure of a defendant to specifically answer interrogatories, filed for a discovery of facts and documents material to the support of the action, under Bal. Code, § 6009. the court is not warranted in striking the answer and entering a default judgment for failure to produce and attach to the answer certain correspondence called for by the plaintiff under Bal. Code, § 6047, making provision for the inspection of books and papers In hands of the opposite party material to the issue, and for permission to make copies thereof, upon pain of exclusion of the evidence as punishment for contempt; since it was not the intention of the legislature to furnish a cumulative remedy by these two sections.</p> <p>Discovers: — Inspection of Papers — Materiality. A party upon whom a demand is made for the inspection of papers or documents as provided by Bal. Code, § 6047, has the right to defeat the demand by showing that such documents or papers sought are not materia] to the support or defense of the action.</p> <p>Judgment — Default— Answer to Interrogatories — Motion to Make More Specific — Time for Filing. Upon the granting