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" ... otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person or the committee of a lunatic, or a person... "
Clevenger's New York Practice, Being Civil Practice Act, Rules of Civil ... - Σελίδα 214
των New York (State) - 1922 - 1987 σελίδες
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Reports of Cases Argued and Determined in the Surrogates' Courts of ..., Τόμος 1

Theodore Frelinghuysen Cornell Demarest - 1883 - 698 σελίδες
...cannot, therefore, be regarded, under § 8'J9, as a party examined in his own behalf or interest, against a person deriving his title or interest from, through, or under a deceased person, by assignment or otherwise. I think the word "behalf "is here used in the sense of "advantage" or "profit,"...

Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Τόμος 2

1883 - 534 σελίδες
...examination of a party as a witness in his own behalf against the executor, etc. of a deceased person, "concerning a personal transaction or communication between the witness and the deceased person." It is contended that the purpose of this prohibition is, in all cases where a personal transaction...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 95

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 σελίδες
...action or special proceeding, in his own behalf, against the executor, etc., of a deceased person, " or a person deriving his title or interest from, through, or under a deceased person." We think the contestant was a person deriving an interest under the deceased, within the meaning of...

A Digest of the Law of Evidence

James Fitzjames Stephen - 1885 - 432 σελίδες
...be examined as a witness in his own behalf or interest (or in behalf of his successor in interest), against the executor, administrator, or survivor of...deceased person, or the committee of a lunatic (or the successor in interest of such decedent or lunatic), concerning a personal transaction or communication...

Reports of Cases Argued and Determined in the Surrogates' Courts of ..., Τόμος 3

Theodore Frelinghuysen Cornell Demarest - 1885 - 722 σελίδες
...interested in the event shall not be examined as a witness in his own behalf or interest against any person deriving his title or interest from, through or under a deceased person concerning a personal CADMUS V. OAKLEY. transaction or communication between the witness and the deceased...

Howard's Practice Reports: Containing Cases Under the Code of Civil ..., Τόμος 1

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 σελίδες
...the event * * * s liall not be examined as a witness in his own behalf or interest * * * against any person deriving his title or interest from, through or under a deceased person concerning a personal transaction or communication between the witness and the deceased person." Now,...

Central Reporter: Cases, Courts of Last Resort, New York, New Jersey ...

1887 - 1038 σελίδες
...the event * * * shall not be examined as a witness in his own behalf or interest * * * against * * * a person deriving his title or interest from, through, or under a deceased person, by assignment or otherwise; concerning a personal transaction or communication between the witness...

The New York Supplement, Τόμος 149

1915 - 1282 σελίδες
...witness, In his own behalf or interest, or In behalf of the party succeeding to his title or interest, against the executor, administrator or survivor of...lunatic, or a person deriving his title or interest therefrom, through or under a deceased person or lunatic, by assignment or otherwise; concerning a...

The New York Supplement, Τόμος 92

1905 - 1190 σελίδες
...survivor of a deceased person; or, second, against the committee of a lunatic ; or, third, against a person deriving his title or interest from, through,...deceased person or lunatic, by assignment or otherwise. The testimony offered in this case was clearly within the prohibition described in the third class....

The New York Supplement, Τόμος 7

1890 - 1110 σελίδες
...the event * * * shall not be examined as a witness in his own behalf or interest, * * * against * * * a person deriving his title or interest from, through, or under, a deceased person, * * * by assignment or otherwise, concerning a personal transaction or communication between the witness...




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