Arnold v. Chesebrough

41 F. 74, 24 Blatchf. 49, 1886 U.S. App. LEXIS 2525

Opinion

Benedict, J.

The certificate of the examiner and the motion of the plaintiff present the question whether the attorney of the defendant •Charles Augustus Chesebrough can, by a subpoena duces tecum,'be compelled to produce a letter written by one Blasius M. Chesebrough, which the attorney received from his client as one of the papers material to his •defense in this action; the attorney declining to produce the letter upon the ground of privilege, and there being nothing in the case to show it impossible to serve a subpoena duces tecum upon the defendant, from whom the attorney received the letter. Upon this ground, my opinion is that the attorney cannot be compelled to produce the letter.