 | 1915 - 1286 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 he will either gain or li-se by the direct legal operation and effect of the judgment or that the record will be legal evidence... | |
 | 1915 - 1202 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. [7] As the petitioner did not become a party to the action by Intervention or otherwise, he had no... | |
 | 1915 - 1228 σελίδες
...He is bound by his covenant to defend the title or pay the value of the laud, and he will not only gain or lose by the direct legal operation and effect of the judgment, but the record of the judgment will be legal evidence for or against him in any subsequent action for... | |
 | 1917 - 1196 σελίδες
...that simply goes to the credibility of his testimony, and not to his competency, unless it can be said 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. The question was very fully discussed in Eisenlord... | |
 | William Mark McKinney - 1918 - 1266 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 of the judgment.17 No intervention can be ordered in favor of a party, for the reason that he is already such... | |
 | 1918 - 1288 σελίδες
...the question arose in cases other than those involving the officers or stockholders of a corporation: "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 ii present, certain, and vested... | |
 | 1894 - 1212 σελίδες
...definition of existing law. "The true tost of the interest of a witness," says Greonlenf (volume 1, I 390), "is that he will either gain or lose by the direct...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,... | |
 | New York (State) - 1916 - 272 σελίδες
...acquiring real estate, as will disqualify him from testifying as a witness in her behalf; the test of interest of a witness is that he will either gain or lose by the operation of the judgment, and it must be present and certain and not uncertain, remote or contingent.... | |
 | 1928 - 1048 σελίδες
...St. 1920, § 2705). The true test of the interest of a witness, under section 2705, Rev. Gen. Stats., is that he will either gain or lose by the direct...operation and effect of the judgment, or that the 6. Witnesses <S=»I40(2)— Interest disqualifying witness to testify to communication with person... | |
 | 1918 - 1028 σελίδες
...muet 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 In other words, the interest must be that created by a claim to the demand in suit or some part thereof,... | |
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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. 
