1 Edw. Ch. 13
Decided May 21, 1831
New York Court of Chancery · decided 1831-05-21
In the course of taking testimony on the part of the complainants before the examiner, the solicitor was examined as a witness. Upon a certain question being asked Mm, he refused to answer it, and put in a demurrer, alleging professional confidence. The examination was continued upon other questions put to the witness, and his deposition was completed.
Decided 1831-05-21
¶1A witness who demurs to a question is not the proper person to bring it before the court. If the party putting the question asks for no attachment, nor in any w.ay brings the point before the court, no one else can.
¶2The question must be considered as waived, or the demurrer well taken, unless he, who put the question, persists in it and takes measures to have the demurrer disposed of.
¶3Motion denied.