Opinion
March 25, 1964.
July 30, 1964.
Practice — Discovery — Interrogatories to defendant — Refusal to answer responsively — Sanctions — Default judgment — Pa. R. C. P. 4019.
In this appeal by defendants from a default judgment in an action of assumpsit, in which it appeared that in January 1962 plaintiff served 9 interrogatories on defendants, objections to which were overruled by the court on May 21, which directed complete answers within 20 days; that no answers were filed and on October 22nd plaintiff presented a petition for sanctions pursuant to Pa. R. C. P. 4019 and the court again directed complete answers and signed an order post-dated November 9, 1962, directing entry of a default judgment if complete answers were not previously filed; that on November 9th, following the entry of the judgment the defendants filed answers, 7 of which were patently evasive, vague, argumentative and almost completely unresponsive, and also filed a petition to vacate and open the default judgment, and the court informed defendants their petition would be granted if, but only if, complete answers were filed within 10 days; and defendants refused to file further answers, it was Held that (1) the default judgment had been properly entered under Pa. R. C. P. 4019 (c) and (2) the court had not erred in denying the petition to vacate such judgment.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeals, Nos. 126, 127 and 128, March T., 1963, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1960, No. 3183, in case of Harry G. Isenberger and Ralph H. Haas, partners trading as South Side Tire, Glass and Generator Company v. W. A. Schumann, G. Bruckman and W. A. Schumann, trustee. Judgment affirmed; reargument refused September 21, 1964.
Same case in court below: 34 Pa. D. C.2d 315.
Assumpsit.
Judgment by default entered against defendants for failure to answer interrogatories, opinion by LEGNARD, J. Petition to vacate judgment denied. Defendants appealed.
Karl D. Enzian, for appellants.
Herbert G. Sheinberg, with him Sheinberg Scheinberg, for appellee.
Affirmed on the opinion of the court below.