 ... in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with, or statement by, the testator, intestate,...  The Southwestern Reporter - Page 3121900Full view - About this book
 | Jere Baxter - Law reports, digests, etc - 1879 - 750 pages
...opinion of the court. Under the act of the Legislature of 1869-70, ch. 78, sec. 2, providing that " in actions or proceedings by or against executors,...or statement by the testator, intestate or ward," etc., the children and heirs at law of Josiah Breecheen, deceased, are competent to prove the declarations... | |
 | Delaware - Law - 1879 - 884 pages
...actions or proceedings by or against, executors, administrators or guardians in which judgment or decree may be rendered for or against them, neither party...intestate or ward unless called to testify thereto by the opposite party. SECTIOX 2. The provisions of this act shall not apply to anycivil action or proceeding... | |
 | Benjamin James Lea - Law reports, digests, etc - 1880 - 820 pages
...Cox. competent witnesses, and that they were subject only to the exception of the statute, to-wit: "In actions or proceedings by or against executors,...testator, intestate or ward, unless called to testify by the opposite party." T. & S, Rev. Stat., 3813d. We held, two years ago at this place, in the case... | |
 | Austin Abbott - Action and defenses - 1880 - 928 pages
...Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party...intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. In all other respects, the laws of the... | |
 | Law reports, digests, etc - 1900 - 2044 pages
...provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party...intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. In all other respects the laws of the... | |
 | Law reports, digests, etc - 1904 - 1108 pages
...[US Comp. St. 1901, p. 659], which provides that, in suits by or against executors in which judgment may be rendered for or against them, neither party...any transaction with or statement by the testator, unless called by the adverse pnrty or the court, does not prevent a widow from giving testimony with... | |
 | Benjamin Robbins Curtis, George Ticknor Curtis - Courts - 1880 - 362 pages
...not be expected to testify as a witness. And, therefore, it makes this very proper provision : "That neither party shall be allowed to testify % against...the testator, intestate, or ward, unless called to do so by the opposite party or required to do so by the court." Precisely what is meant by being "... | |
 | Law reports, digests, etc - 1896 - 2118 pages
...provided (so far as affects the present case) "that in actions by * * * administrators • • • neither party shall be allowed to testify against...other, as to any transaction with, or statement by, the * * * intestate." This section is the whole law of the matter, and no state statute can, for this court,... | |
 | Law reports, digests, etc - 1907 - 2136 pages
...administrators, or guardians, in which judgment may he rendered for or against them, neither party shall he allowed to testify against the other. as to any transaction...with, or statement by. the testator, intestate, or wunl. unless called to testify thereto by the opposite party, or required to testify thereto by the... | |
 | Law reports, digests, etc - 1902 - 1128 pages
...tried; provided, that in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the as to any transaction with, or statement by, the testator, intestate, or ward, nnless called to testify... | |
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