Dover v. Harrell
Supreme Court of Georgia
Attorney and Client. Witness. Production of Papers. Evidence. Before Judge McCutchen. Gordon Superior Court. March Term, 1876. This was ejectment by Harrell, as executor of Jesse Harrell, against Dover et al., for a lot of land in Gordon county. In the course of the trial, counsel for plaintiff asked permission of the court to examine Reuben Arnold, Esq., of counsel for defendants, as to what papers or deeds he had in his possession.
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Attorney and Client. Witness. Production of Papers. Evidence. Before Judge McCutchen. Gordon Superior Court. March Term, 1876. This was ejectment by Harrell, as executor of Jesse Harrell, against Dover et al., for a lot of land in Gordon county. In the course of the trial, counsel for plaintiff asked permission of the court to examine Reuben Arnold, Esq., of counsel for defendants, as to what papers or deeds he had in his possession. Mr. Arnold objected to .such examination, and claimed the protection of the privilege which the relation of attorney and client created. The court ordered that…
1Opinion of the Court
Bleckley, Judge.
1. Under sections 3798 and 3854 of the Code, the attorney of one of the parties in the case on trial, is protected from being coerced by the court to disclose, on oath, that he has in his possession a grant from the state covering the land in dispute, and from producing the grant to be used in evidence against his client, he testifying that the grant was placed in his possession by his client, and claiming his privilege. More especially has the court no power thus to search the attorney where no notice has been given, either to him or the client, to produce the paper, and…
2Cited by3 opinions
- Shackelford v. WestSupreme Court of Georgia · 1912
- Southern Guaranty Insurance Co. of Georgia v. AshCourt of Appeals of Georgia · 1989
- Trustees of Chester Church v. BlountSupreme Court of Georgia · 1883