 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. It must be a present, certain...  The New York Supplement - 689 페이지1904전체보기 - 도서 정보
 | New York (State). Supreme Court. Appellate Division - 1917 - 1196 페이지
...competency, unless it can be said 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 in some other action. The question was very fully discussed in Eisenlord v. Clum (126 NY 552), which... | |
 | George William Bradner - 1898 - 1062 페이지
...that it belonged to the wards, as his interest is evenly balanced. 1 Interest to disqualify a witness must be a present, certain and vested interest, and not an interest uncertain, remote or contingent; and the mere fact that his liability or freedom from liability depends upon a question on which his... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - 1902 - 834 페이지
...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...present, certain and vested interest, and not an interest remote, uncertain or contingent.' The same rule was reiterated in Nearpass r. Gilman (104 NY 507).... | |
 | 1904 - 1284 페이지
...the interest of a witness is that he will either gain or lose by the direct legal operation or effect of the Judgment, or that the record will be legal evidence for or against him in some other action." Wormlcy v. Hamburg et al., 40 Iowa, 22. If the plaintiff's claim was allowed against the estate, Mrs.... | |
 | 1904 - 1402 페이지
...witness will either gain or lose by the direct legal operation and effect of the judgment, or whether the record will be legal evidence for or against him in some other action. — McClure v. Otrich, 118 111. 320, 8 NE 784. [c] (111. 1894) Where two parties have similar claims... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1904 - 1150 페이지
...will gain or lose by the direct legal operation and effect of the judgment in the cause; or whether the record will be legal evidence for or against him in some other action. Eaton v. Gentle, 1 Chand. (Wis.) 10. "A witness is interested in the event of a suit, If the record... | |
 | J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath - 1905 - 1420 페이지
...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 sollte other action. It must be a present, certain and vested interest, and not an interest uncertain,... | |
 | Thomas Welburn Hughes - 1905 - 740 페이지
...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 6— Sims v. GIvan, 2 Blackf. 9 — Com. v. Allen, 30 Pa. St 49. (Ind.) 461. 10 — Mason v. Jones,... | |
 | 1906 - 2198 페이지
...lose by the direct legal operation and effect of the judgment, or that, the record "f the judgment will be legal evidence for or against him in some other action ; but nothing in this or the last section shall prevent a party calling as a witness the adverse party... | |
 | Edgar S. Dudley - 1907 - 692 페이지
...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...not an interest uncertain, remote, or contingent." 3 A person having an interest only in the question, and not in the event of the suit, is a competent... | |
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