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" ... 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, the other party shall not be admitted to testify in his own favor... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 146
by Georgia. Supreme Court - 1882
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 80

Georgia. Supreme Court - Equity - 1889 - 950 pages
...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 66

Georgia. Supreme Court - Equity - 1882 - 834 pages
...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 82

Georgia. Supreme Court - Equity - 1890 - 912 pages
...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 76

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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 71

Georgia. Supreme Court - Equity - 1885 - 952 pages
...or who is interested in the event of the suit, is incompetent to testify, where the opposite party to the contract or cause of action in issue or on trial is dead. 37 Ga., US ; 45 75., 511 ; 36 lb., 520, 565; 40 lb., 673; 4* 75., 142; 53 75., 9; 5475., 115,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 60

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....
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 12

Law - 1862 - 422 pages
...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...
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The Rules of Evidence: Stated and Discussed

John Appleton - Evidence (Law) - 1860 - 298 pages
...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...
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General Laws of the State of Minnesota

Minnesota - Law - 1861 - 462 pages
...(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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Acts and Resolves Passed by the General Court of Massachusetts

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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