 | Alabama. Supreme Court - 1846 - 1178 Seiten
...Mams, 791 10. An interest in the'question does not disqualify a witness — it must appear that he will gain or lose by the direct legal operation and effect...the judgment, or that the record will be evidence either for or against him, in some other action. Stewart v. Conner, 804 11. Where the judgment will... | |
 | Georgia. Supreme Court - 1847 - 710 Seiten
...the mortgagor ms; «how, by way of defence, that the contract upon which it was given was osario« The true test of the interest of a witness is, that...either gain or lose by the direct legal operation o/the judgment, or that the record tcill be ¡egal evidcmt Jor.or against him in tome other suit. Neither... | |
 | Alabama. Supreme Court - 1849 - 916 Seiten
...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 and effect...the judgment, or that the record will be evidence, either for or against him, in some other action. Kennon v. McRae, 2 Por. 389 '. Hoyt v. Wildfire, 3... | |
 | Georgia. Supreme Court - 1848 - 712 Seiten
...incompetent, to testify. 1 Greenl. EL: sees. 386, 392, 393 ; 1 StarkieEv. 19, 20 ; 1 Phil. Ev. 36. The true test of the interest of a witness is, that he will cither gain or lose by the direct legal operation and effect of tho judgment. 1 Greenl. Ev. sec. 390... | |
 | Georgia. Supreme Court - 1852 - 664 Seiten
...277,) this Court held, 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 - 1920 - 788 Seiten
...appears clearly that 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... | |
 | 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 - 1919 - 806 Seiten
...also has an 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 - 1852 - 358 Seiten
...execution according to law. PER Ordered accordingly. 256 WE1T — ENDORSEMENT ON, ETC. WITNESS— INTEREST. The true test of the interest of a witness is, that he will either gai» or lose by the.dired legal operation of the judgment, or that the record vnll be legal evidence... | |
 | California - 1854 - 270 Seiten
...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 - 1857 - 834 Seiten
...of the interest of a person, which shall ren-ler him incompetent as a witness, shall be that he will th houses of the législature. The person having the highest number of votes shall be gov of the judgment will be legal evidence for or against him in some other action, but nothing in thi*,... | |
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The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. 
