Brannan v. Mobley

1. A ground of a motion for new trial is insufficient winch complains of the admission in evidence of testimony of an attorney at la.iv, over the objection, “that, if the witness was employed as an attorney at law to represent” the movant in a prior suit to which the testimony in question related, the “witness is incompetent, under § 5860 of the Civil Code, . . to testify.” The rule contained in this code section is founded on the relation of attorney and client, and lias no application where that relation does not exist. In order to get the benefit of the rule, the objection should state…