State ex rel. Hardy v. Gleason
Oregon Supreme Court
Appeal from Multnomah county: E.D.Shatttjck, judge. One Edwin Hardy obtained a judgment for about ®5,000 against Dignó and Watson, and being unable to obtain satisfaction of an execution issued on said judgment, instituted proceeding supplementary to execution.
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Appeal from Multnomah county: E.D.Shatttjck, judge. One Edwin Hardy obtained a judgment for about ®5,000 against Dignó and Watson, and being unable to obtain satisfaction of an execution issued on said judgment, instituted proceeding supplementary to execution. In the course of an examination bad before a referee appointed for that purpose, Bigné was called as a witness and testified, among other things, that he had received from the estate of one Manciét, on July 12, 1889, the sum of $10,478.52 and failed to give any satisfactory account as to what had become of it. The appellant was present…
1Opinion of the CourtStrahan, J.
The only question presented by this record for our consideration is, whether or not the defendant was bound to answer the questions propounded to him on his examination; in other words, whether his relation to Bigné as his attorney excused him from answering.
1. Section 712, Hill’s Code, provides: “There are particular relations in which it is the policy of the law to encourage confidence, and to preserve it inviolate; therefore a person cannot be examined as a witness in the following cases: * * * 2. An attorney shall not, without the consent of his client, be examined as to any communication…
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