Smithers v. Metropolitan Discount Co.

Citations

• 124 Miss. 833
• 87 So. 284

Syllabus

<p>Discovery. Failure to fully answer interrogatories not ground for dismissal.</p> <p>Where Interrogatories were propounded to a nonresident party pursuant to Code 1506, section 1938 (Hemingway’s Code, section 1598), which were not fully answered, this does not justify-the court in imposing the extreme penalty of dismissing the suit where it did not appear that there was an intentional evasion, and when there has been a substantial compliance with the provisions of the statute, if the party propounding the interrogatories is not satisfied with the disclosures made, exceptions to the answers may be filed, and, if the court is then of the opinion that the interrogatories have not been fully an-t swered and that further .answers are necessary or proper, it may require such additional answers to be made.</p>