| Alabama. Supreme Court - Law reports, digests, etc - 1849 - 916 pages
...that interest must be proven, not presumed. Lot v. Sandifer, 2 Rep. Con. Ct. 167. It must be shown that he will gain or lose by the direct legal operation...evidence, either for or against him, in some other action. Kennon v. McRae, 2 Por. 389 '. Hoyt v. Wildfire, 3 John. 518 ; Williams & Battle v. Jones, Guardian,... | |
| Georgia. Supreme Court - Equity - 1848 - 712 pages
...true test of the interest of the witness is, that he will [1.] either gain or lose by the direct and legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain, and cested interest,... | |
| Vermont. Supreme Court - Law reports, digests, etc - 1852 - 836 pages
...Mag. 244. Dillingham for plaintiff. The true test of the interest of a witness is, that he will either gain, or lose, by the direct legal operation and effect...the judgment, or that the record will be evidence for or against him in some other action. 1 Greenl. Ev., § 390. It was immaterial to True, Dearborn,... | |
| Georgia. Supreme Court - Equity - 1852 - 666 pages
...that to render a witness incompetent on the ground of Merest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record mil be legal evidence for, or against him, in some other action, and that the interest to exclude a... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1919 - 806 pages
...interest in the litigation "of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment." See opinion of Field, J., in Horn v. Water Co., 13 Cal. 62, cited with approval in Smith v. Gale, 144... | |
| Asa Kinne - Courts - 1852 - 358 pages
...The true test of I he interest of a witness is, that he will either gain of lose by the direct and legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a. present, certain, and vested... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1920 - 788 pages
...his interest in the subject-matter is of such a direct and immediate character that he will either gain or lose by the direct legal operation and effect of the decree of this court determining the right of the defendant Preston to recover for his services in... | |
| California - Session laws - 1854 - 270 pages
...The true test of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain or lose by the direct legal operation and effect of the judgment, or that the record of the judgment will be legal evidence for or against him in some other action, but nothing in this,... | |
| William H. R. Wood - Law - 1857 - 834 pages
...The true test of the interest of a person, which shall ren-ler him incompetent as a witness, shall be that he will gain or lose by the direct legal operation and effect of the judgment, or that the record of the judgment will be legal evidence for or against him in some other action, but nothing in thi*,... | |
| California - Civil procedure - 1858 - 320 pages
...The true test of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain or lose by the direct legal operation and effect of the judgment, or that the record of the judgment will be legal evidence for or against him, in some other action ; but nothing in this,... | |
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