Dover v. Harrell

• Decision Date: 31 January 1877
• Citation: Dover v. Harrell, 58 Ga. 572 (Ga. 1877)
• Parties: H. S. Dover et al., plaintiffs in err0r. v. David Harrell, executor, defendant in error.
• Court: Georgia Supreme Court

58 Ga. 572

H. S. Dover et al., plaintiffs in err0r. v. David Harrell, executor, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1877.)

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 the examination proceed.

Mr, Arnold then stated that his client had confided to him certain papers from which to prepare his defense, amongst which was the original grant to the lot in dispute, conveying the same to the plaintiff's testator.

The court, on motion, ordered that he produce this paper and deliver it to plaintiff's counsel. The order was complied with, and the grant introduced in evidence by the plaintiff.

To this entire proceeding defendants excepted.

A verdict was returned for the plaintiff. The defendants moved for a new trial, basing their motion, among other grounds, upon the above exception.

The motion was overruled, and the case brought here for review.

Arnold & Arnold; W. S. Johnson, for plaintiffs in error.

J. A. W. Johnson, by A. Johnson, for defendant.

*Bleckley, Judge.

L 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...