 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | Law - 1862 - 422 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...trial is dead, or is shown to the Court to be insane, or when an executor or administrator is a party the other party shall not be admitted to testify in... | |
 | Massachusetts - Law - 1857 - 518 pages
...also, where one of the orig- Provided, ai«>. inal parties to the contract or car.se of action then in issue and on trial, is dead, or is shown to the court to be insane ; or, when an executor or administrator is a party to the suit or proceeding, the other party shall... | |
 | 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...trial, is dead, or is shown to the court to be insane ; or when an executor or administrator is a party, the other party shall not be admitted to testify... | |
 | 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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1314 pages
...METCALF, J. By the Gen. Sts. c. 131, § 14, " where one of the original parties to the cause of action on trial is dead, or is shown to the court to be insane, the other party shall not be permitted to testify in his own favor." On the trial of this case, evidence of the defendant's... | |
 | Massachusetts - Law - 1864 - 476 pages
...be competent witnesses for themselves or any other party, notwithstanding the death or insanity of one of the original parties to the contract or cause of action in issue. SECTION 2. If either party to a suit or proceeding shall uwofdecewed give his deposition in his own... | |
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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... 
