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Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane
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This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …
Evidence - Disputable Presumptions; Can They Be Weighed?, Victor H. Lane
Evidence - Disputable Presumptions; Can They Be Weighed?, Victor H. Lane
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The evidential force of presumptions under the California Civil Code, I96I, was considered and the statute construed in Everett v. Stazdard Accident Insurance Co., - Cal. - , 187 Pac. 996. The defense to an action on an insurance policy, by one claiming to be the wife of the insured, was that she did not have that relationship because the marriage ceremony under which she claimed occurred while the insured had another wife then living. The question arose as to the effect upon the determination of this question of fact of the presumption that the deceased did not commit a …
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
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Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's hands; likewise a deed may be undelivered …