| 1904 - 1004 Seiten
...Dolan, 7 South. 425, 426, 89 Ala. 256. Pub. Acts. pp. 156, 157, provide that "when a suit or proceeding Is prosecuted or defended by the heirs, assigns, devisees,...equally within the knowledge of such deceased person, provided, that whenever the words 'opposite party' occur in this section, It shall be deemed to include... | |
| 1904 - 1332 Seiten
...deceased person, the opposite party, if examined as a witness on his own behalf, shall not be admitted to testify at all to matters which, if true, must...within the knowledge of such deceased person, does not apply to or exclude the testimony of the heir. 2. Where an action by an heir was brought against his... | |
| 1904 - 1166 Seiten
...Michigan law expressly forbids ! "any officer or agent of a corporation" to testify at all in relation to matters which, ' if true, must have been equally within the knowledge of such deceased person. Howell's Ann. St. Mich. § 7545. The Supreme Court of Michigan, in refusing to extend the rule to agents... | |
| 1904 - 998 Seiten
...prosecuted or defended by the representatives of the decedent the opposite party shall not testify as to matters, which, if true, must have been equally within the knowledge of the deceased person, "equally" does not relate to the degree of knowledge possessed by the parties,... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1908 - 1096 Seiten
...deceased person, the opposite party, if examined as a witness on his own behalf, shall not be admitted to testify at all to matters which, if true, must...equally within the knowledge of such deceased person.' In construing this statute in an action contesting a will, the court says : 'The contest is not between... | |
| Franklin A. Beecher - 1911 - 492 Seiten
...which provides that when a suit or proceeding is prosecuted or defended by the heirs, assigns, devises, legatees or personal representatives of a deceased...equally within the knowledge of such deceased person. Under the statute of revocation5, it was maintained that a residuary legatee was a competent witness... | |
| 1911 - 1278 Seiten
...the opposite party, if examined as a witness iu his own behalf, shall not be admitted to testify я t all to matters which, if true, must have been equally within the knowledge of such deceased person. * * • Provided, that whenever the words 'the opposite party' occur in this section it shall be deemed... | |
| 1914 - 1316 Seiten
...deceased person, an interested party, if examined as a witness in his own behalf, shall not be admitted to testify at all to matters which, if true, must...within the knowledge of such deceased person, does not disqualify as a witness in his own behalf a legatee in a proceeding to probate his testator's will,... | |
| Burr W. Jones, Louis Horwitz - 1914 - 996 Seiten
...deceased person, the opposite party, if examined as a witness on his own behalf, shall not be admitted to testify at all to matters which, if true, must...been equally within the knowledge of such deceased person."64 A suit was brought by the heir to procure the execution of a conveyance of land, which the... | |
| 1896 - 1644 Seiten
...who is or has been an officer or agent of such corporation be allowed to testify at all in relation to matters which, if true, must have been equally within the knowledge of such deceased person. The act applies to assignors and assignees. If the deposition of the deceased person is read, the opposite... | |
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