E. L. Cord v. Calvin J. Smith

Appellant Cord, the defendant in the trial court, appeals from the denial of a motion by which he sought, in substance, to disqualify Lyndol L. Young, attorney for plaintiff appellee Smith, from acting as Smiths attorney in the case. Jurisdiction of the action is based upon diversity of citizenship. The complaint alleges that Cord is indebted to Smith for money had and received in the sum of $3,000,000.00, and charges fraud, malice and oppression, asking exemplary damages in an additional sum of $3,000,000.00. Cord answered, denying the material allegations of the complaint and alleging certain separate defenses.