 | Alabama. Supreme Court - 1846 - 1178 Seiten
...Mams, 791 10. An interest in the'question does not disqualify a witness — it must appear that he will gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence either for or against him, in some other action. Stewart v. Conner, 804 11. Where the judgment... | |
 | Alabama. Supreme Court - 1849 - 916 Seiten
...interest must be proven, not presumed. Lot v. Sandifer, 2 Rep. Con. Ct. 167. It must be shown that he will gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence, either for or against him, in some other action. Kennon v. McRae, 2 Por. 389 '. Hoyt v. Wildfire,... | |
 | Vermont. Supreme Court - 1852 - 836 Seiten
...Barb. 632. Dunlap v. Munroe, TQCranch 242. 3 US Law Mag. 244. Dillingham for plaintiff. The true test of the interest of a witness is, that he will either...effect of the judgment, or that the record will be evidence for or against him in some other action. 1 Greenl. Ev., § 390. It was immaterial to True,... | |
 | Asa Kinne - 1852 - 358 Seiten
...The true test of I he interest of a witness is, that he will either gain of lose by the direct and legal operation and effect of the judgment, or that...will be legal evidence for or against him in some other action. It must be a. present, certain, and vested interest, and not an interest uncertain, remote,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1920 - 788 Seiten
...appears clearly that his interest in the subject-matter is of such a direct and immediate character that he will either gain or lose by the direct legal operation and effect of the decree of this court determining the right of the defendant Preston to recover for his services in... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 806 Seiten
...also has an interest in the litigation "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." See opinion of Field, J., in Horn v. Water Co., 13 Cal. 62, cited with approval in Smith v. Gale, 144... | |
 | California - 1854 - 270 Seiten
...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,... | |
 | William H. R. Wood - 1857 - 834 Seiten
...of the interest of a person, which shall ren-ler him incompetent as a witness, shall be that he will th houses of the législature. The person having the highest number of votes shall be gov of the judgment will be legal evidence for or against him in some other action, but nothing in thi*,... | |
 | California - 1858 - 320 Seiten
...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,... | |
 | California - 1860 - 388 Seiten
...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 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. 
