Holman v. Kimball
Supreme Court of Vermont
Trover for a quantity of hay, &c. Plea, the general issue, and trial by the jury, December Term, 1849, — Poland, J., presiding. On trial the defendant offered in evidence the deposition of Thomas Abbott, to prove admissions and communications relating to this suit, made by the plaintiff to Abbott, while he was acting as counsel and attorney for the plaintiff in this suit.
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Trover for a quantity of hay, &c. Plea, the general issue, and trial by the jury, December Term, 1849, — Poland, J., presiding. On trial the defendant offered in evidence the deposition of Thomas Abbott, to prove admissions and communications relating to this suit, made by the plaintiff to Abbott, while he was acting as counsel and attorney for the plaintiff in this suit. It appeared, that Abbott had an office and did business as a lawyer in Barton, where the plaintiff resided, and that he was employed by the plaintiff to bring this suit. Abbott’s name was indorsed upon the writ, as attorney…
1Opinion of the Court
*556The opinion of the court was delivered by
Redfield, J.
Some questions are raised, in regard to the merits of this case, which are claimed to have been decided, when the case was last before this court; but not having participated in that decision I could say nothing in regard to it. . As the question in regard to the admissibility of Abbott was decided by this court in Windsor county, on the winter circuit, and the case must go back for a new trial, that his testimony may be received, I have spent no time in regard to any other question. The privilege of refusing to disclose confidential…
2Cited by4 opinions
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- Wartell v. NovogradSupreme Court of Rhode Island · 1927
- McLaughlin v. GilmoreAppellate Court of Illinois · 1878
- Walker v. StateCourt of Appeals of Texas · 1885