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" 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. "
Century Edition of The American Digest: A Complete Digest of All Reported ... - Σελίδα 297
1904
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1858 - 320 σελίδες
...of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain 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,...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 σελίδες
...of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain 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,...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 32

Illinois. Supreme Court - 1865 - 658 σελίδες
...WITNESS — competency, interest. The true test of the interest of a witness, consists in the fact that he 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. 15. He must have some certain, legal and immediate...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 95

Illinois. Supreme Court - 1880 - 730 σελίδες
...Orosthwaite, 44 111. 349 ; Brown v. Hurd, 41 id. 122. The true test of interest is, will the witness either gain or lose by the direct legal operation...effect of the judgment, or that the record will be legal evidence for or against him in some other action. New England Fire and Marine Insurance Company...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 279

Illinois. Supreme Court - 1917 - 720 σελίδες
...directly interested in the event of the suit.' The true test, of his interest was whether he would either gain or lose by the direct legal operation and effect of the judgment or that the record would be legal evidence for or against him in some other action. The interest which disqualifies a...

A Digest of the Decisions of the Supreme Court of the State of ..., Τόμος 2

Henry Jacob Labatt - 1861 - 486 σελίδες
...in the matter in litigation, and of such a direct and immediate character that the party intervening will either gain or lose by the direct legal operation and effect of the judgment. Horn v. Volcano Water Co., 13 Cal. 70. • 48. Where the record sho^vs in general terms the appearance...

A Digest of the Decisions of the Supreme Court of the State of ..., Τόμος 1

Henry Jacob Labatt - 1861 - 1182 σελίδες
...other than the premises in controversy did not disqualify him ; that he could not, from such ownership, gain or lose by the direct legal operation and effect of the judgment, nor could the judgment be legal evidence for or against him in any other action. Mott v. Smith, 16...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 263

Illinois. Supreme Court - 1914 - 714 σελίδες
...— sec. 397, note 3, and cases cited.) Gillespie gave quit-claim deeds to the property. He would not gain or lose by the direct legal operation and effect of the judgment. Neither could the record itself be given in evidence for or against him. His interest as against his...

The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 σελίδες
...mast be in the matter in litigation, and of each a direct and imniediare character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. It most be that created by a claim to the demand, or some part thereof, in suit or a claim to, or lien...

Laws of the Territory of Idaho

Idaho - 1864 - 734 σελίδες
...of the interest of a person, which shall render him incompetent as a witness, shall be, that he will gain 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...




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