 | Georgia. Supreme Court - Equity - 1890 - 912 pages
...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 a party in any suit... | |
 | Georgia. Supreme Court - Equity - 1882 - 834 pages
...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 a party in any suit... | |
 | Georgia. Supreme Court - Equity - 1889 - 950 pages
...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 of his testator or... | |
 | Georgia. Supreme Court - Equity - 1882 - 874 pages
...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 the record... | |
 | Georgia. Supreme Court - Equity - 1888 - 946 pages
...acceptances. 5. One who is a party to the record, when offered to testify in his own favor with respect to the contract or cause of action in issue or on trial, is incompetent, if the other party thereto is dead. 6. The pursuit of one's ordinary avocations on Sunday... | |
 | Georgia. Supreme Court - Equity - 1885 - 952 pages
...the record, nor ought to have been a party to the record, is competent, even though the othei party to the contract or cause of action in issue or on trial may" be dead. See 3 Qa., 520 ; 4575., 25,147; 50 11., 205; 51 75., 625; 55 75., 98; 62 75., 639; 65... | |
 | Georgia. Supreme Court - Equity - 1879 - 756 pages
...on account of the opposite party to the contract being dead. Under the Code (sec1ion 3854) a party to the contract or cause of action in issue or on trial, may be incompetent, though not a party to the action nor interested in the result. Bankrupt. Witness.... | |
 | Law - 1862 - 422 pages
...other ; 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... | |
 | John Appleton - Evidence (Law) - 1860 - 298 pages
...; 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... | |
 | Minnesota - Law - 1861 - 462 pages
...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... | |
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Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead... 
