Mitchell v. Berg
Mitchell v. Berg
Opinion of the Court
-The complaint charged that the defendants, who were attorneys at law, conspired together for the purpose of injuring the reputation and character of the plaintiff, who is also an attorney at law, and for the purpose of attempting to deprive him of the fruits of certain litigation, and of certain property alleged to belong to him. The trial court granted a nonsuit, and plaintiff has appealed from a judgment dismissing the action.
The whole trouble had its start and foundation in the following facts: The appellant, residing in the city of Spokane, in this state, represented a Mr. TJlbright and wife, residents of Idaho, in certain litigation. He engaged, the services of two of the respondents as his associates. This litigation seems to have been finally terminated without any serious
We have read all of the testimony, and it . clearly fails to show that the appellant has or had any cause of action against the respondents, .or any of them. The evidence wholly fails to show any conspiracy of any character on the part of the respondents, or any of them, to wrongfully injure or damage the appellant. So far as we can see, the actions of the respondents were nothing more than such actions as attorneys generally are called upon to perform. A considerable amount of testimony offered by the appellant was rejected by the court, and error is charged on that account. For the most part, the testimony rejected was that contained in various written instruments generally connected with certain of the litigation out of which this trouble arose. The trial court refused to receive this testimony on various grounds. We do not find it necessary to determine whether the court’s rulings were right. An examination of the rejected •evidence shows that, if it had been received by the court, it would not have been of material benefit- to the appellant. All of the testimony that he put into the case, and all that was offered and rejected, would not have justified, the trial court in submitting the case to the jury.
It would not serve any useful purpose to go further into the details of this action. A careful study of it convinces us that the action of the trial court was correct. Judgment affirmed.
Parker, C. J., Fullerton, Mitchell, and Tolman, JJ., concur.
Reference
- Full Case Name
- W. B. Mitchell v. E. H. Berg
- Status
- Published