Randel v. Yates
Citations
- 48 Miss. 685
Syllabus
<p>1. Partnership — proof of, when conflicting — appellate court. — It is not essential to the existence of a partnership that it be in writing, but may be proved otherwise; yet where the testimony in favor of, and against, the complainant seeking by his bill to establish a partnership, etc., is so conflicting as to leave it a matter of doubt, and the court below has decreed against him on the trial, the appellate court will not disturb the decree.</p> <p>2. Chancery practice — evidence.—After final decree, the court cannot permit other and additional evidence to be filed and made a part of the record, whilst that decree is in force.</p> <p>3. Attorney and client — privileged communications. — Every communication made by the client to his legal adviser, for the purpose of getting his professional aid and advice, is deemed confidential; but when an attorney is employed only as scrivener, to draft an instrument of a particular description, and no advice is sought, he may testify as to what occurs in relation to such transaction.</p>
Judges: Brown, Peyton
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