McLarty v. Emhart Corp.

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…