...falling within the proviso to section 3854 of the code, which proviso is in the following language : " "Where one of the original parties to the contract or cause of action in issue or on trial is dead, or is shown to the court to be insane, or where an executor or administrator is...

...judgment, the judgment creditor being dead, the exception to competency in the act being as follows : " Where one of the original parties to the contract or cause of action in issue or on trial is dead, ... or where an executor or administrator is a party in any suit on the contract...

...note, he being dead. The motion was refused by the court, and defendants excepted. The Code provides '' where one of the original parties to the contract or cause of action in issue or on trial is dead, or is shown to the court to be insane, or where an executor or administrator is...

...then husband, WR Thompson, on the ground that Rush, the payee thereof, was dead. Mrs. Wimpee was not one of the original parties to the contract or cause of action in issue or on trial, and she was not called to testify in her own favor, and besides it does not appear from...

...but they shall not be allowed to testify as to private conversations with each other; Provided, That where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the Court to be insane, or when an executor or administrator is a party the other party...

...but they shall not be allowed to testify as to private conversations with each other : Provided, That where one of the original parties to the contract or cause of action in issue and on trial, is dead, or is shown to the court to be insane ; or when an executor or administrator is a party, the other...

...Minnesota: (681) of the public statutes, be amended by adding thereto the following words : Provided, That where one of the original parties to the contract or cause of action in issue ana on trial, is dead, when party to or is gho-^n to the court to be insane, the other party " 1 shall...

...be competent witnesses for themselves or any other party, notwithstanding the death or insanity of one of the original parties to the contract or cause of action in issue. SECTION 2. If either party to a suit or proceeding shall uwofdecewed give his deposition in his own...

...in all civil proceedings competent witnesses, with certain exceptions, the last of which is thus: " Where one of the original parties to the contract or cause of action then in issue and on trial is dead, or is shown to the court to be insane, or when an executor or administrator...

...witness, if the case falls within the exception to St. 1857, c. 305, § 1, which provides that when one of the original parties to the contract or cause of action then in issue and on trial is shown to the court to be insane, the other party shall not be admitted...