McLarty v. Emhart Corp.

Court of Appeals of Georgia

McLarty v. Emhart Corp.

178 S.E.2d 344, 122 Ga. App. 677, 1970 Ga. App. LEXIS 999

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1970

Docket45576

StatusPublished

Cited by1 cases

This text of 178 S.E.2d 344 (McLarty v. Emhart Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McLarty v. Emhart Corp., 178 S.E.2d 344, 122 Ga. App. 677, 1970 Ga. App. LEXIS 999 (Ga. Ct. App. 1970).

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Opinion

Pannell, Judge.

Discovery for the purpose of aiding the judgment and execution under Code § 38-1201 can be used only after final judgment is obtained and no appeal therefrom is pending. Bradley v. Coach & Six Restaurants, 112 Ga. App. 278 (la) (145 SE2d 55). Section 69 of the Civil Practice Act (Ga. L. 1966, pp. 609, 667, as amended; Code Ann. § 81A-169) does not require a different conclusion as the purpose of that section is the same, that is, to aid the enforcement of a judgment or execution after it has become a final determination of the issue between the parties. The trial court therefore erred in overruling the defendant’s objections to interrogatories propounded for such purposes while motion for new trial with supersedeas granted was pending.

Judgment reversed.

Jordan, P. J., and Eberhardt, J., concur.

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Pannell, Judge.

Discovery for the purpose of aiding the judgment and execution under Code § 38-1201 can be used only after final judgment is obtained and no appeal therefrom is pending. Bradley v. Coach & Six Restaurants, 112 Ga. App. 278 (la) (145 SE2d 55). Section 69 of the Civil Practice Act (Ga. L. 1966, pp. 609, 667, as amended; Code Ann. § 81A-169) does not require a different conclusion as the purpose of that section is the same, that is, to aid the enforcement of a judgment or execution after it has become a final determination of the issue between the parties. The trial court therefore erred in overruling the defendant’s objections to interrogatories propounded for such purposes while motion for new trial with supersedeas granted was pending.

Judgment reversed.

Jordan, P. J., and Eberhardt, J., concur.

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Bluebook (online)

178 S.E.2d 344, 122 Ga. App. 677, 1970 Ga. App. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclarty-v-emhart-corp-gactapp-1970.

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