Murphy v. Waterhouse

Citations

• 113 Cal. 467
• 45 P. 866
• 1896 Cal. LEXIS 812

Syllabus

<p>Evidence—Attorney and Client — Privileged Communications—Negotiations in Attorney’s Presence.—Where an attorney is acting for both parties in a negotiation, or where two persons are negotiating together in the presence of the attorney of one of them, the communications made in the hearing of both parties are not privileged, but the attorney may be compelled in a suit between the parties to testify as to all that was said and done by them in his presence.</p> <p>Id.—Sufficiency of Proof — Erroneous Instruction.—In a civil case, it is error to tell the jury that there must be evidence sufficient “to convince their minds” of any fact necessary to be shown by either party, the weight of evidence or preponderance of probability being sufficient to establish a fact in a civil case.</p>