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" ... in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with or statement by the testator, intestate... "
A Code of Federal Procedure: (Superseding Detsy's Federal Procedure ... - Seite 1405
von Walter Malins Rose - 1907 - 3186 Seiten
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Band 24

United States. Circuit Court (2nd Circuit), Samuel Blatchford - 1888 - 24 Seiten
...Edgar Baxter. timony is sought to be excluded under section 858 of the Revised Statutes, which provides that, in actions by or against executors, administrators,...or statement by, the testator, intestate, or ward, with certain qualifications not here material. The testimony offered is as to a transaction between...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Band 63

Arkansas. Supreme Court - 1897
...actions, no witness shall be excluded because he is a party to the suit, or interested in the issue to be tried: provided that in actions by or against executors,...be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Band 52

Arkansas. Supreme Court - 1889
...actions no witness shall be excluded because he is a party to the suit or interested in the issue to be tried. Provided, That in actions by or against executors,...be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto...
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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - 1909
...23. WITNESSES — COMPETENCY — TRANSACTIONS WITH 'TESTATOR. — Kirby's Digest, § 3093, providing that "in actions by or against executors, administrators...be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify by the...
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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - 1914
...her testimony fell within the ABK.] ST. Louis & SF ED. Co. v. CONARTY. 431 constitutional provision that "in actions by or against executors, administrators...be allowed to testify against the other as to any transactions with or statements of the testate, intestate or ward, unless called to testify thereto...
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Webster's Every Man's Own Lawyer: A Compendium of Business and Domestic Law ...

1888 - 326 Seiten
...resided one year in the State. Evidence. — Witnesses are not excluded upon the ground of interest; provided, that in actions by or against executors,...may be rendered for or against them, neither party is allowed to testify against the other as to any transactions with or statements of the testator,...
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Supreme Court Reporter, Band 9

1889
...INTEREST. Rev. St. US § 858, provides that in the United States courts no witness shall be excluded in any civil action because he is a party to or interested..."provided, that in actions by or against executors, * * * in which judgment may be rendered for or against them, neither party shall be allowed to testify...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 18

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1890
...and the case of Page vs. Burnstine, 102 U. S, 644. The exclusion of the act referred to only applies "in actions by or against executors, administrators...which judgment may be rendered for or against them." With that exception only, and strictly, Sec. 876, RSDC, renders the parties to suits, and all persons...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1902
...the courts of the United States no witness shall be excluded In any action on account of color, or In any civil action because he Is a party to or interested...shall be allowed to testify against the other, as to nny transaction with, or statement by, the testator, Intestate, or ward, unless called to testify thereto...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Band 1

Roger Foster - 1892
...witness shall be excluded in any action on account of color, or in any civil action because he is a party or interested in the issue tried : provided, that...any transaction with, or statement by, the testator, 1 Robertson (NY ) , 222. But see Laim- 728 ; People r. Rensselaer Common Pleas, beer v. Allen, 2 Sand....
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