Peden v. Peden's Administrator
Court of Appeals of Virginia
Error to a judgment of the Corporation Court of the city of Fredericksburg, in an action of detinue. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Corporation Court of the city of Fredericksburg, in an action of detinue. Judgment for plaintiff. Defendant assigns error. Statement of The Case and The Facts by Sims, J. This is an action to recover the possession of certain negotiable notes by the defendant in error (hereinafter designated “plaintiff”) against the plaintiff in error (hereinafter designated “defendant”). The case resulted in a verdict and judgment for the plaintiff in the court below. The question at issue before the trial court was whether the choses in action sued for were the property of the…
1Opinion of the CourtSims, J.
It is admitted in argument that if the statute of 1916 last above quoted had been in force, at the time of the trial of this case in the court below, the testimony admitted over the objection of the defendant would have been privileged and inadmissible without order of court first obtained in a proper proceeding therefor dispensing with its privileged character. Such statute not being then in force, however, the question we have to determine is—
1.' Were the communications in question privileged, (a) at common law, or (b) under the statute of 1915 above quoted ?
Counsel for defendant contend…
2Cases cited11 opinions
- Boske v. ComingoreSupreme Court of the United States · 1900
- Worthington v. ScribnerMassachusetts Supreme Judicial Court · 1872
- Stegall v. ThurmanDistrict Court, N.D. Georgia · 1910
- State v. HobenUtah Supreme Court · 1909
- In re HuttmanDistrict Court, D. Kansas · 1895
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3Cited by4 opinions
- Dwelly v. McReynoldsCalifornia Supreme Court · 1936
- Samish v. Superior CourtCalifornia Court of Appeal · 1938
- Peterson v. PetersonSouth Dakota Supreme Court · 1945
- Green v. Sixty-Seventh Sales Co.Richmond City Circuit Court · 1972