Surface v. Bentz

Citations

• 228 Pa. 610
• 77 A. 922
• 1910 Pa. LEXIS 534

Syllabus

<p>Practice, C. P. — Trial—Witnesses—Improper remarks — Withdrawal of juror.</p> <p>1. When any irrelevant or improper matter tending to prejudice or mislead the jurors is placed before them by a witness, and especially a witness who is also a party, the court should act promptly and protect the party whose cause is exposed to the improper influence by withdrawing a juror. It is quite as necessary to protect a party against improper remarks to a jury made by a witness as it is against such remarks when uttered by counsel.</p> <p>Wills — Mental condition — Evidence—Condition prior and subsequent to execution of will — Issue devisavit vel non.</p> <p>2. In an issue devisavit vel non, it is proper for the court to instruct the jury that it may consider the condition of the testator’s mind immediately prior and subsequent to the execution of the will, in order to determine his mental condition at the time he executed the instrument.</p> <p>Attorney at law — Attorney and client — Privileged communication— Evidence.</p> <p>•3. The privilege of confidential communications extends to communications made to an attorney in good faith with a view to employing him in the matter to which the communications relate, or during the.course of negotiations for his employment, even although the attorney declines the case, or the prospective client after hearing the attorney’s advice does not further employ him.</p>