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" No person offered as a witness shall be excluded by reason of his interest in the event of the action. "
The New-York Legal Observer - Page 87
edited by - 1849
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...striking rules of the whole code is the one which declares that no person offered as a witness shall be excluded by reason of his interest in the event of the action, not applicable, however, to a party to the action, nor to any person for whose immediate benefit it...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 31

Arkansas. Supreme Court - Law reports, digests, etc - 1877 - 810 pages
...either for or against the wife." By the Code of New York, " No person offered as a witness, shall be excluded by reason of his interest in the event of the action." .In White v. Sta/ord, 38 Barbour, 420, the plaintiff called his wife as a witness. The court said ....
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...testimony. Page 246. Amend § 351, to read as follows: § 351. No person offered as a witness, shall be excluded by reason of his interest in the event of the action. Page 246. Amend § 352, to read as follows: § 352. The last section shall not apply to a party to...
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Reports of Cases Adjudged in the Supreme Court of Judicature of ..., Volume 3

William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 866 pages
...Procedure in the State of New York, however, provides that no person ottered as a wituess, shall he excluded, by reason of his interest in the event of the action. The last section shall not apply to a party to the action, nor to any person for whose immediate benefit...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...general application of the preceding section, such a witness, being a party to the action, might be excluded "by reason of his interest in the event of the action." This, then, I understand to be the intent and import of the 397th section of the Code. Any party to...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 518 pages
...are in accordance with our own law, except that by s. 398 " no person offered as a witness shall be excluded by reason of his interest in the event of the action," except he be a party to the action or a person for whose immediate benefit it is prosecuted or defended,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...[351.] No witness to be excluded by reason of interest. — No person offered as a witness, shall be excluded by reason of his interest in the event of the action. §399. [352.] (Amended.) — To whom last section inapplicable. — The last section shall not apply...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...398 and 399, in relation to witnesses in general : § 398. No person offered as a witness, shall be excluded by reason of his interest in the event of the action. § 399. The last section shall not apply to a party to the action, nor to any person for whose immediate...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...suits. No witness to beexduded by reason of interest. — No person offered as a witness, shall be excluded by reason of his interest in the event of the action. The words " interest in the event of the action" in section 398, do not mean " IB interest in any event...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

Civil procedure - 1852 - 446 pages
...general application of the preceding section, such a witness, being a party to the action, might be excluded " by reason of his interest in the event of the action." This, then, I understand to be the intent and import of the 397th section of the code. Any party to...
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