157 Ga. 271 | Ga. | 1924
Miss JuRa Sheridan, as the executrix of the estate of A. Lang, brought her action in ejectment, for the recovery of
There is no question that the title was shown to have been in Lang, the intestate, at the time Mrs. Eowler, the defendant, entered the household of Lang and'his wife and undertook to render certain services. The defendant insists that in consideration of the services specified in the way of nursing, waiting on, and attending to Mrs. Lang, the invalid wife of the intestate, the title and ownership of the property was transferred to her. The plaintiff contested the alleged fact of a transfer of title to the property, and sought to show that prior to the bringing of the suit Mrs. Eowler had set up a claim inconsistent with the theory that she claimed title to the property and that title to the same had been transferred to her in consideration of her services. The inconsistent claim referred, to was a demand for payment in money for the services which she had rendered Lang in nursing and waiting upon Mrs. Lang and performing other household duties. Upon the issue thus made certain evidence was submitted. A part of this evidence consisted of certain letters written by W. 0. Cooper, an attorney at law, to the plaintiff; one dated June 3, 1921, which read as follows: “I beg to advise that we have been employed to bring suit against you as an executrix under the will of Mr. A. Lang, who died a short while ago, for eight hundred and seven dollars for money loaned in cash to Mr. Lang, and for board tó Mr. and Mrs. Lang. This account is a just one. I hope you will see fit to send us check for the above stated amount of $807.11. Hoping to hear from you, I beg to remain.” In an
We are of the opinion that the court properly overruled the objection to this evidence. Objection to its admission is urged upon the ground that the evidence admitted fell within the inhibition contained in section S860 of the Civil Code, which section reads in part 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.” With this contention we do not agree. While the letters contained the substance of certain communications to the attorney made to him by Mrs. Fowler, they were not in their nature confidential communications such as are protected by the code section to which we have referred. The communication which Mrs. Fowler made to the' witness related to matters which she intended that the attorney should communicate to the representatives of the estate of Lang. “As only communications which are confidential are protected as privileged, those which the attorney in the discharge' of his duty to his client is of necessity obliged to make public, or those which are made to him for that purpose, cannot be said to be confidential, and are therefore not privileged. Of this character are pleadings and facts to be used in pleading, in an application for the issuance of a patent, or for some other purpose
In Stone v. Minter, 111 Ga. 51 (36 S. E. 321, 50 L. R. A. 356), it was said: “It is the secrets of the client which affect his right that the law does not permit the attorney to divulge; and it
What we have said above applies to other exceptions to the admission of evidence, which it is unnecessary to discuss in detail, in view of the ruling above made.
Testimony of the attorney tending to show the fact of the attorney’s employment was properly admitted over the objection that it fell within the rule excluding confidential communications between client and attorney. “The rule making communications between attorney and client privileged from disclosure does not ordinarily apply where the inquiry is confined to the fact of the attorney’s employment and the name of the person employing him.” 28 R. C. L. 563. See also the cases cited in the note to Collins v. Hoffman, Ann. Cas. 1913A, 28.
What we have said covers in principle the assignments of error contained in the motion for new trial; and there was sufficient evidence to support the verdict.
Judgment affirmed.