Brazier v. Fortune
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Assumpsit by the defendant, against the plaintiff in error. Pleas, non-assumpsit, with notice of set off, and the statute of limitations.
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Writ of Error to the Circuit Court of Lowndes. Assumpsit by the defendant, against the plaintiff in error. Pleas, non-assumpsit, with notice of set off, and the statute of limitations. Upon the trial, as appears from a bill of exceptions, the plaintiff offered in evidence, a paper executed by the defendant to him, acknowledging the receipt of certain promissory notes, to be placed in the hands of some responsible person for collection, which receipt was to be given up, when the receipt of the attorney at law, or magistrate, for the collection of the amount due upon the notes, was produced to…
1Opinion of the CourtOrmond, J.
In the case of the State v. Marshall, 8 Ala. 302, we had occasion to consider the law, in respect to privileged communications, by clients to their attorneys, and we then held the test to be, that the communication must be made “professionally.” As it is not every communication made by a client to his attorney which cannot be divulged by the latter as a witness, it necessarily follows, that whether the fact was communicated professionctlly or not, must depend upon the circumstances of the case, considered in connection with the fact disclosed; and accordingly, in the case cited, we held, that…
2Cases cited1 opinion
- State v. MarshallSupreme Court of Alabama · 1845
3Cited by5 opinions
- Wharton v. KingSupreme Court of Alabama · 1881
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Richards v. Lennox Industries, Inc.Supreme Court of Alabama · 1990
- Collins v. GreeneSupreme Court of Alabama · 1880
- Ex Parte ClarkCourt of Criminal Appeals of Alabama · 1993