 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1178 pages
...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... | |
 | Georgia. Supreme Court - Equity - 1847 - 710 pages
...the mortgagor ms; «how, by way of defence, that the contract upon which it was given was osario« The true test of the interest of a witness is, that...either gain or lose by the direct legal operation o/the judgment, or that the record tcill be ¡egal evidcmt Jor.or against him in tome other suit. Neither... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1849 - 916 pages
...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,... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1848 - 786 pages
...the direct legal operation and effect of the judgment in this case, or that the record will be hgal evidence for or against him in some other action. It must be a certain, present, vested interest, and not remote or contingent. If the interest is of a doubtful nature... | |
 | Georgia. Supreme Court - Equity - 1848 - 712 pages
...incompetent, to testify. 1 Greenl. EL: sees. 386, 392, 393 ; 1 StarkieEv. 19, 20 ; 1 Phil. Ev. 36. The true test of the interest of a witness is, that he will cither gain or lose by the direct legal operation and effect of tho judgment. 1 Greenl. Ev. sec. 390... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1852 - 836 pages
...Hathaway, 6 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...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,... | |
 | Georgia. Supreme Court - Equity - 1852 - 664 pages
...277,) this Court held, that to render a witness incompetent on the ground of Merest, it must be shown that he will either gain or lose by the direct legal...operation and effect of the judgment, or that the record mil be legal evidence for, or against him, in some other action, and that the interest to exclude a... | |
 | 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 - Law reports, digests, etc - 1920 - 788 pages
...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 - Law reports, digests, etc - 1919 - 806 pages
...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... | |
 | Asa Kinne - Courts - 1852 - 358 pages
...execution according to law. PER Ordered accordingly. 256 WE1T — ENDORSEMENT ON, ETC. WITNESS— INTEREST. The true test of the interest of a witness is, that he will either gai» or lose by the.dired legal operation of the judgment, or that the record vnll be legal evidence... | |
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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. 
