In re Niday
Idaho Supreme Court
Original application by J. L. Niday, an attorney, for a writ of haueas corpus. “The burden is upon the party seeking to suppress the evidence to show that it is within the terms of the statute relating to confidential and privileged communications.”
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Original application by J. L. Niday, an attorney, for a writ of haueas corpus. “The burden is upon the party seeking to suppress the evidence to show that it is within the terms of the statute relating to confidential and privileged communications.” (Sharon v. Sharon, 79 Cal. 678, 22 Pac. 26, 131; Carroll v. Sprague, 59 Cal. 660.) It must appear that the attorney was employed in relation to the matter to which the document relates, and that the communication was made for the purpose of securing his professional aid or advice. (Satterlee v. Bliss, 36 Cal. 490.) “If the paper is one which the…
1Opinion of the CourtAilshie, C. J.
The petitioner, J. L. Niday, was adjudged guilty of contempt by the probate court of Ada county and committed to the sheriff of Ada county, to be held in custody by him until such time as he should produce certain letters and communications delivered to him by one R. E. Green. He thereupon applied to this court for a writ of habeas corpus; the writ was granted and the sheriff has made return thereto, and the petitioner has demurred to the return on the ground that it does not state facts sufficient to justify the sheriff in holding him. The contempt for which the petitioner was adjudged…
2Cases cited8 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Stein v. MorrisonIdaho Supreme Court · 1904
- Hager v. ShindlerCalifornia Supreme Court · 1865
- O'Neill v. PotvinIdaho Supreme Court · 1907
- State v. KiddSupreme Court of Iowa · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Clark v. United StatesSupreme Court of the United States · 1933
- State v. TaylorIdaho Supreme Court · 1939
- In Re SelserSupreme Court of New Jersey · 1954
- Hewes v. LangstonMississippi Supreme Court · 2003
- Marks v. VehlowIdaho Supreme Court · 1983
20 more not listed; retrieve them via the Exa API.