Justia Federal District Court Opinions

Appellants question the decision of the district court permitting, pursuant to Fed.R.Civ.P. 69, post-judgment discovery in aid of execution of a judgment against them. We affirm on the basis of the opinion of the district court. 422 F.Supp. 1 (N.D.Ga., 1976).

However, one matter on appeal needs to be clarified and disposed of. Appellants contend that the district court interpreted Georgia's testimonial privilege statute, Ga.Code.Ann. § 38-1205,¹ to require that a person's testimony must both incriminate him and work a forfeiture of his estate before this privilege may be invoked. This is plainly not what the district court said or meant. The district court said that the cases relied on by appellants were based on the privilege against self-incrimination and, because of the policy and constitutional ramifications of this privilege, were of little value in deciding questions involving forfeiture of estate privilege, which is grounded on different considerations. The district court then addressed the forfeiture of estate privilege directly and found that it did not apply. Thus, appellants' reading of the district court opinion is erroneous, and their contentions based on this faulty reading are without merit.²

AFFIRMED.