Townsend v. Northcutt

Full title: TOWNSEND v. NORTHCUTT

Court: Court of Appeals of Georgia

Date published: Feb 3, 1970

173 S.E.2d 470 (Ga. Ct. App. 1970)

173 S.E.2d 470

Opinion

44992.

SUBMITTED JANUARY 9, 1970.

DECIDED FEBRUARY 3, 1970. REHEARING DENIED FEBRUARY 19, 1970.

Failure to answer interrogatories. Fulton Civil Court. Before Judge Tidwell.

Wilkinson Nance, A. Mims Wilkinson, Jr., for appellant.

M. K. Pentecost, Jr., for appellee.

JORDAN, Presiding Judge.

The trial judge did not err in denying the plaintiff's motion to compel answers to interrogatories, the defendant in fi. fa. having responded to the interrogatories by stating under oath: "I refuse to answer on the grounds that this may tend to incriminate me and work a forfeiture of my estate." See Art. I, Sec. I, Par. VI, Constitution of Georgia, Code Ann. § 2-106; Code § 38-1205; Empire Life Ins. Co. v. Einstein, 12 Ga. App. 380, 383 ( 77 S.E. 209); Bishop v. Bishop, 157 Ga. 408 ( 121 S.E. 305); Bass v. Bass, 222 Ga. 378, 384 ( 149 S.E.2d 818).

Judgment affirmed. Eberhardt and Pannell, JJ., concur.

SUBMITTED JANUARY 9, 1970 — DECIDED FEBRUARY 3, 1970 — REHEARING DENIED FEBRUARY 19, 1970 — CERT. APPLIED FOR.