 | Alabama. Supreme Court - 1846 - 1178 páginas
...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... | |
 | Alabama. Supreme Court - 1849 - 916 páginas
...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,... | |
 | Georgia. Supreme Court - 1847 - 710 páginas
...under his endorsement. — jVtsbet vs. Lawson.' 282-3 7. The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation of the judgment, or that lh¿ record will be legal evidence for or against him, in some other, suit.... | |
 | Georgia. Supreme Court - 1848 - 712 páginas
...Ev. 458, sec. 390, the rule is stated to be, that " The true tcst of the interest of a witness is, that he will either gain or lose by the direct legal...will be legal evidence for or against him in some [2.] other action. It must be a present, certain, and rested interest, and not an interest uncertain,... | |
 | Asa Kinne - 1852 - 358 páginas
...The true test of I he interest of a witness is, that he will either gain of lose by the direct and legal operation and effect of the judgment, or that...evidence for or against him in some other action. It must be a. present, certain, and vested interest, and not an interest uncertain, remote, or contingent.... | |
 | Vermont. Supreme Court - 1852 - 836 páginas
...TQCranch 242. 3 US Law Mag. 244. Dillingham for plaintiff. The true test of the interest of a witness is, that he will either gain, or lose, by the direct legal...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 - 1852 - 664 páginas
...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 - 1920 - 788 páginas
...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 - 1919 - 806 páginas
...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... | |
 | California - 1854 - 270 páginas
...of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain or lose by the direct legal operation and effect of the judgment, or that the record of the judgment will be legal evidence for or against him in some other action, but nothing in this,... | |
| |
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. 
