Legal Opinion

Cross v. Riggins

Supreme Court of Missouri

Decided July 15, 1872PublishedCited by 10 opinions

Error to Kansas City Court of Common Pleas. The court erred in excluding the testimony of William Douglas. The conversation was not a confidential communication. The relation of attorney and client never existed between plaintiffs and witness, and the rule of privileged communication as between attorney and client is strictly confined to cases in which the relation exists and to the time during which that relation continues.

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Error to Kansas City Court of Common Pleas. The court erred in excluding the testimony of William Douglas. The conversation was not a confidential communication. The relation of attorney and client never existed between plaintiffs and witness, and the rule of privileged communication as between attorney and client is strictly confined to cases in which the relation exists and to the time during which that relation continues. No statements made prior or subsequent to the relation are privileged, but only those made within the relation. A conversation with a view to the employment of an…

1Opinion of the CourtBliss, Judge

Plaintiffs were lumber dealers in Kansas City, and count upon a bill of lumber sold defendant for building a house. That the lumber was furnished is not denied, but defendant claims that it was furnished his contractor. Upon the trial, Mr. Douglas, of the firm of Douglas & Gage, attorneys, testified: “Some time in 1866, A. B. Cross approached me on the street and stated the facts about this case and asked my opinion, and I told him I could not give my opinion without looking at the statute touching mechanics’ liens.” Cross testified that he stated his case to Mr. Gage and intended to employ…

2Cases cited2 opinions

  1. Hull v. LyonSupreme Court of Missouri · 1858
  2. Johnson v. SullivanSupreme Court of Missouri · 1856

3Cited by10 opinions

  1. State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
  2. Denver Tramway Co. v. OwensSupreme Court of Colorado · 1894
  3. People v. DoeMichigan Supreme Court · 1924
  4. C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
  5. Lew Moy v. United StatesCourt of Appeals for the Eighth Circuit · 1916

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