Townsend v. Northcutt, 44992

Decision Date03 February 1970
Docket NumberNo. 44992,No. 2,44992,2
PartiesWendell TOWNSEND v. T. J. NORTHCUTT
CourtGeorgia Court of Appeals

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

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

Syllabus Opinion by the Court

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 Insurance Company 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.

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5 cases
  • Meyer v. Second Judicial Dist. Court In and For Washoe County
    • United States
    • Nevada Supreme Court
    • 28 Febrero 1979
    ...v. Logsdon, 18 F.R.D. 57 (W.D.Ky.1955); Zonver v. Superior Court, 270 Cal.App.2d 613, 76 Cal.Rptr. 10 (1969); Townsend v. Northcutt, 121 Ga.App. 230, 173 S.E.2d 470 (1970). What the court did order was that if petitioner chose not to respond to the questions at deposition, under protective ......
  • Busby v. Citizens Bank of Hapeville
    • United States
    • Georgia Court of Appeals
    • 7 Mayo 1974
    ...That being so, only the witness can weigh the effect. There is nothing for the trial judge to determine. See, Townsend v. Northcutt, 121 Ga.App. 230, 173 S.E.2d 470 involving a similar series of questions as those involved here, and in which this court upheld the trial judge in refusing to ......
  • Kushner v. Mascho
    • United States
    • Georgia Court of Appeals
    • 9 Noviembre 1977
    ...privileges of Code § 38-1205. See Busby v. Citizens Bank, 131 Ga.App. 738, 206 S.E.2d 640 (1974); and Townsend v. Northcutt, 121 Ga.App. 230, 173 S.E.2d 470 (1970). As the District Court pointed out, the self-incrimination privilege involves "important policy and constitutional implications......
  • First Fed. Sav. & Loan Ass'n of Rochester v. Fisher, Civ. A. No. C 75-789 A.
    • United States
    • U.S. District Court — Northern District of Georgia
    • 2 Abril 1976
    ...Mallin, 227 Ga. 833, 183 S.E.2d 377 (1971); Busby v. Citizens Bank, 131 Ga.App. 738, 206 S.E.2d 640 (1974); and Townsend v. Northcutt, 121 Ga.App. 230, 173 S.E.2d 470 (1970). On the other hand, Georgia courts have specifically held that § 38-1205, or its predecessor statute, does not protec......
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