 | Texas. Court of Civil Appeals - 1909 - 770 σελίδες
...the statutes. (Merriman v. Wickersham, 75 Pac. Rep., 181.) Mr. Greenleaf, vol. 1, sec. 390, says 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 vested interest... | |
 | William Angus Sutherland - 1910 - 1052 σελίδες
...must be in the matter in litigation, and 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. It must be that created by a claim to the demand, or some part thereof, in suit, or a claim to or lien... | |
 | Colorado. Supreme Court - 1909 - 710 σελίδες
...that he has an interest in the subject-matter of litigation of such a direct and immediate character that he will either gain or lose by the direct legal operation and effect of the judgment, and that in determining the sufficiency of a petition to intervene, the averments of the petition,... | |
 | James Manford Kerr - 1911 - 714 σελίδες
...must be in the matter in litigation and of such direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect to the judgment. Assignee for benefit of creditors. — Cited in McClurg v. State P.indery Co. 3 S.... | |
 | Charles Erehart Chadman - 1912 - 682 σελίδες
...these go to the credibility." .... Again, in section 390, it is said: "The true test of the interest is, that he will either gain or lose by the direct legal operation and effect of the judgment It must be a present, certain, and vested interest, and not an interest uncertain, remote, or contingent."... | |
 | 1912 - 1162 σελίδες
...defendant, or adverse to both, of such a direct and immediate character that the intervenor will either gnin or lose by the direct legal operation and effect of the judgment. [Ed. Note. — For other cases, see Parties, Cent. Dig. § 72; Dec. Dig. § 44.*] 11. BANKRUPTCY (|... | |
 | California. Supreme Court - 1913 - 908 σελίδες
...must be in the matter in litigation, and 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." If this doctrine is correct — and we are entirely satisfied with it — when one tenant in common... | |
 | Burr W. Jones, Louis Horwitz - 1914 - 996 σελίδες
...equitable interest in the matter does not disqualify the adverse party offering himself as a witness.10 "The true test of the interest of a witness is that...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... | |
 | William Mark McKinney - 1921 - 1328 σελίδες
...remote or contingent, and must be in the event of the action.* In other words, his interest must be such that he will either gain or lose by -the direct, legal operation and effect of the judgment of the court disposing of the facts in dispute.5 As one court has expressed it, the test as to interest... | |
 | 1915 - 1288 σελίδες
...43 NE 427; Carpenter v. Soule, 88 NY 251, 257, 42 Am. Rep. 248. Greenleaf has thus stated the rule: "The true test of the Interest of a witness is that...either gain or lose by the direct legal operation ami effect of the Judgment or that the record will be legal evidence for or against him in some other... | |
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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. 
