 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
 | 1887 - 1090 페이지
...rule adopted in the cited case. The rule is founded on the thought that the disqualifying interest must be a present, certain, and vested interest, and...not an interest uncertain, remote, or contingent. This being the test of interest, it is very plain that any interest Uates may have in real estate devised... | |
 | California. Supreme Court - 1906 - 766 페이지
...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 or the last section shall prevent a party calling as a witness the adverse party... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1889 - 808 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 some other action. (Ilobart v. Hobart, 62 NY 83 ; Miller v. Montgomery, 78 id. 282, 285 ; Wilcox v. Smith, 26 Barb. 316... | |
 | Georgia. Supreme Court - 1853 - 796 페이지
...interest, it mnst be shown that be 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. The interest to exclude a witness must be a present, certain, and vested interest, and not an interest... | |
 | 1892 - 508 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...some other action. It must be a present, certain, and OT vested interest, and not an interest uncertain, remote, or contingent. Thus the heir apparent to... | |
 | Simon Greenleaf - 1892 - 888 페이지
...but in the particular action, so that the witness will either gain or lose by the direct legal effect of the judgment, or that the record will be legal evidence for or against him in some other action. Thus, where an action was brought on a check and notes claimed to have Iwen executed by the defendant... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1915 - 794 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 some other action." 1 Green. Ev. § 390. While it would seem, under the authority of Matter of Schroeder, 113 App. Div.... | |
 | Iowa. Supreme Court - 1894 - 890 페이지
...v. Hamburg, 40 Iowa, 25, the rule is stated as follows: "The interest which disqualifies a witness must be a present, certain and vested interest, and...not an interest uncertain, remote or contingent. The true test of the interest of a witness is that he will either gain or lose by the direct legal operation... | |
 | Austin Abbott - 1895 - 776 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 some other action." By section 398 of the old Code this common law rule, except as provided in the next section, was abrogated... | |
 | 1895 - 1228 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 agaiust him in some other action." l Greenl. Er. 390. It was also said that such Interest must be present,... | |
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