{
  "id": 1619186,
  "name": "James MANN v. RAY LEE SUPPLY",
  "name_abbreviation": "Mann v. Ray Lee Supply",
  "decision_date": "1976-04-12",
  "docket_number": "75-343",
  "first_page": "565",
  "last_page": "566",
  "citations": [
    {
      "type": "official",
      "cite": "259 Ark. 565"
    },
    {
      "type": "parallel",
      "cite": "535 S.W.2d 65"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
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    "name_long": "Arkansas",
    "name": "Ark."
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      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
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      "cite": "180 Ark. 46",
      "category": "reporters:state",
      "reporter": "Ark.",
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        1393627
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    {
      "cite": "227 Ark. 782",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1705670
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      "year": 1957,
      "opinion_index": 0,
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        "/ark/227/0782-01"
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    {
      "cite": "227 Ark. 785",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1705385
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      "weight": 2,
      "year": 1957,
      "opinion_index": 0,
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        "/ark/227/0785-01"
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  "last_updated": "2023-07-14T19:48:09.193956+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James MANN v. RAY LEE SUPPLY"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nIn this suit upon a $454.96 open account the trial court entered a default judgment against the appellant, for his failure to answer interrogatories propounded by the plaintiff. For reversal it is argued that the statute relied upon in the court below does not apply to interrogatories and that the court erred in entering judgment without notifying the defendant that a trial was to be held.\nThe appellant had filed a general denial. The plaintiff\u2019s nine interrogatories were not answered within the 15 days allowed by the statute, which does apply to interrogatories. Ark. Stat. Ann. \u00a7 28-355 (Repl. 1962). The plaintiff then obtained an order directing the defendant to respond to the interrogatories within 10 days \u201cand upon Defendant\u2019s failure to so respond he shall be subject to the consequences set forth in Ark. Stat. Ann. 28-359.\u201d The interrogatories were still not answered. More than 10 days later the court, apparently without further notice, entered an order finding that the defendant had failed and refused to answer the interrogatories within the 10 days and awarding a default judgment to the plaintiff.\nThe appeal is without merit. A party who has been warned of the consequences of default is not entitled to a second notice that would add nothing to the first, else the progression of notices would never end. For instance, when a defendant is served with a summons warning him to answer within a specified time, under the penalty of the complaint\u2019s being taken as confessed, his failure to answer entitles the plaintiff to judgment. Pyle v. Amsler, 227 Ark. 785, 301 S.W. 2d 441 (1957); Walden v. Metzler, 227 Ark. 782, 301 S.W. 2d 439 (1957); Alger v. Beasley, 180 Ark. 46, 20 S.W. 2d 317 (1929).\nHere the court\u2019s first order, explicitly authorized by \u00a7 28-359 (a), pointedly warned the defendant that his failure to respond within 10 days would subject him to the consequences set forth in that statute. Subparagraph (b) (2) (iii) of the section authorizes the court to enter judgment by default against a disobedient party. We see no need for still a second notice to a recalcitrant defendant. Of course, as we noted in Walden v. Metzler, supra, the entry of judgment did not foreclose the possibility of relief for unavoidable casualty or the like. Here, however, the defendant simply filed a notice of appeal, with no hint of any reason for his continued refusal to obey the court\u2019s unmistakable order.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Evelyn I. Drake, for appellant.",
      "No brief for appellee."
    ],
    "corrections": "",
    "head_matter": "James MANN v. RAY LEE SUPPLY\n75-343\n535 S.W. 2d 65\nOpinion delivered April 12, 1976\nEvelyn I. Drake, for appellant.\nNo brief for appellee."
  },
  "file_name": "0565-01",
  "first_page_order": 593,
  "last_page_order": 594
}