Kushner v. Mascho

Smith, Judge.

The appellant Kushner, having obtained a money judgment against Mascho, attempted post-judgment discovery under CPA § 69 (Code Ann. § 81A-169) and Code § 38-801. The appellee’s only response to substantive questions upon deposition and to a subpoena for the production of documents was that the answers, and the documents, would tend to work a forfeiture of his estate. The appellant moved for an order compelling discovery, which was denied. Finding the interposed objection to discovery — forfeiture of estate — to be invalid, we reverse the judgment.

Code § 38-1205, which defines as…