153 Ga. 364 | Ga. | 1922
(After stating the foregoing facts.)
There was much more of this witness’s evidence set out in this ground of the motion for new trial, which we do not deem necessary to be set out in order to reach a correct conclusion as to its admissibility. Error is assigned upon the admission of this evidence, upon two grounds: (1) that it was evidence of an effort at compromise or settlement; and (2) that it was irrelevant and immaterial, as well as a privileged communication. It is stated in this ground that the witness himself claimed his exemption from testifying, on the ground that his testimony would reveal a privileged communication between himself and an officer of the Dixie Manufacturing Co., and the Dixie Paper & Box Co., as whose attorney he was acting in the matter under the terms of the insurance policy. Section 5860 of the Civil Code of 1910 is as follows: “No attorney shall be competent or compellable to testify in any court in this State, for or against his client, to any matter or thing, knowledge of which he may have acquired from his client, by virtue of his relations as attorney, or by reason of the anticipated employment of him as attorney', but shall be both competent and compellable to testify', for or against his client, as to any matter or thing, knowledge of which he may have acquired in any other manner.” Did the evidence of Wright, the greater portion of which is set out above, concerning his relations with the Dixie Manufacturing Co., bring them within the purview and scope of the cpde section just cited ? If it did, then the
We are also of the opinion that this ground of the motion for new trial is not good, for another reason, viz., that the evidence is objected to as a whole, and this court has repeatedly ruled that where evidence is objected to in bulk, and some of it is admissible and other portions not, it is not a good ground of objection that the evidence is objected to as a whole.
The court also charged the jury as follows: “If you find in this case, gentlemen, that the Dixie Manufacturing Co. executed this mortgage for ,the purpose of hindering, delaying, or defrauding this plaintiff, and that it was insolvent at the time, and that the mortgagee had knowledge of this fraudulent purpose, if it existed, or had reasonable ground in the exercise of ordinary diligence to know of it, then it would be your duty in this case to find that this mortgage is null and void and should be delivered up and canceled.” This charge is not erroneous for the reasons urged, that it does not correctly embody the law as applied to the case at bar, in that a mortgage may be given which does hinder and delay, and yet be legal, provided the debt is a bona fide one; and it is insisted that the instruction should have been qualified in such way, and it is further insisted that the instruction did not take into consideration the fact that counsel had expressly waived any attack on the existence of the indebtedness.
Judgment affirmed.