De'Udy v. De'Udy

OPINION OF THE COURT

Eli Wager, J.

Does a clergyman who has counseled with both husband and wife in his "professional character as spiritual advisor” acquire an independent privilege against disclosure of the information acquired, notwithstanding a waiver of the privilege made in open court by both parties? This novel question is raised during the trial of this contested divorce action by a Presbyterian minister, by way of an order to show cause to quash a subpoena served upon him by the defendant wife.

Upon being sworn, the minister, by his counsel, advised the court that notwithstanding the…