Prince & Paul v. Don Mitchell's WLAQ, Inc.

Hall, Presiding Judge.

Plaintiff in fi. fa. appeals from the grant of a protective order to the individual defendant in fi. fa. who had refused to answer post-judgment interrogatories on the ground that they might tend to incriminate him. (This order was also a tacit overruling of plaintiff’s motion to compel answers).

1. The motion to dismiss is denied. As designated in the original action, the name of the party plaintiff imports a partnership. By failing to raise the issue of legal existence or capacity by specific negative averment any time before judgment, the defendant waived his…