Rogers v. Hoskins
Supreme Court of Georgia
Application for dower, in Houston. Superior Court. Decision by Judge Powers, November Term, 1853. The errors assigned in this cause, arose upon a motion for the appointment of commissioners, to assign dower to Malinda A. Hoskins. Counsel proposed to prove the service of notice of the application for dower, by P. S. Humphries, one of the attorneys for the applicant.
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Application for dower, in Houston. Superior Court. Decision by Judge Powers, November Term, 1853. The errors assigned in this cause, arose upon a motion for the appointment of commissioners, to assign dower to Malinda A. Hoskins. Counsel proposed to prove the service of notice of the application for dower, by P. S. Humphries, one of the attorneys for the applicant. Objected to, on the ground that he was an incompetent witness under the Act excluding the testimony of attorneys at law, under certain circumstances. The Court over-ruled the objection, and this is the first error assigned. Counsel…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was it error in the Court to permit P. S. Humphries,. one of the attorneys, to prove service of the notice of the widow’s intention to apply for dower in the real estate of her deceased husband ?
The objection to the evidence is placed upon the Act of 1850, which declares, that it shall not be lawful for any attorney at Law, or in Equity, to give testimony in any Court, of any matter or thing, either for or against his client, the knowledge of which he may have acquired from his client; or during the existence, and by reason of the…
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