 | William Callyhan Robinson - 1890 - 952 σελίδες
...incompetent was either that of a party to the suit, or that arising from the certainty that he must 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. An interest in the question to be... | |
 | Abraham Clark Freeman - 1891 - 1060 σελίδες
...28 Minn. 428, that the interest must be of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment, this case comes directly within it. If, in the action as orignally brought, judgment had gone against... | |
 | Abraham Clark Freeman - 1891 - 1058 σελίδες
...28 Minn. 428, that the interest must be of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judg(nent, this case comes directly within it. If, in the action as orignally brought, judgment had... | |
 | Henry Gold Danforth, Robert Bardwell Wickes, Amasa Junius Parker - 1891 - 1066 σελίδες
...Y. 62. The test of interest that will exclude a witness, not a party, from testifying in an action, is that he will either gain or lose by the direct legal operation of judgment or that the record will be legal evidence against him in another action. RedMd v. Eedfield,... | |
 | 1892 - 508 σελίδες
...upon the ground of interest. This rule is laid down in 1 Greenl. Ev. § 390, where it is stated that the true test of the interest of a witness is that...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, and OT vested... | |
 | United States. Supreme Court - 1892 - 760 σελίδες
...must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. ... To authorize an intervention, therefore, the interest must be that created by a claim to the demand... | |
 | Samuel Maxwell - 1892 - 932 σελίδες
...must be in the matter in litigation, anil of such a direct and immediate character that the intcrvenor will either gain or lose by the direct legal operation and effect of the judgment. The provisions of our statute are taken substantially from the code of procedure of Louisiana, which... | |
 | Samuel Slaughter Merrill - 1892 - 556 σελίδες
...It was considered that, in ordor to be allowed to intervene in such cases, the applicant must show that he will either gain or lose by the direct legal operation or effect of any decision thcit may be rendered therein.8 To an application to compel a railroad company... | |
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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. 
