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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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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Evidence (Law) - 1876 - 762 pages
...private conversations with each othev. No person so testifying is compelled to criminate himself ; and if one of the original parties to the contract or cause of action then in issue and on trial, be dead, or is shown to the court to be insane ; or when an executor or...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 1044 pages
...ours than that of auy other state. In that state the statute admits parties to testify, except " where one of the original parties to the contract or cause of action in issue and on trial is dead." Genl. Stat., c. 131, § 14. In construing this statute in Granger and others,...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - Law reports, digests, etc - 1878 - 766 pages
...shall be admitted as competent witnesses for themselves or any other party, .... provided that where one of the original parties to the contract or cause of action in issue and on trial is dead, the other party shall not be admitted to testify in his own favor unless the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 55

Vermont. Supreme Court - Law reports, digests, etc - 1883 - 706 pages
...Co. v. Welh, 53 Vt. 14 ; Hall v. Hamblett, 51 Vt. 590; 38 Vt. 509. Joel C. Baker, for the defendant. The original parties to the contract or cause of action in issue and on trial were Ruel Pember and LD Pember. The fact, to which the defendant testifies, bears upon...
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Atlantic Reporter, Volume 5

Law reports, digests, etc - 1886 - 944 pages
...Souihwick, 38 Vt. 509, that, in order to determine whether a case comes within the statute excluding one of the original parties to the contract or cause of action in issue and on trial from testifying when the other party is dead, we must look to matters of substance, rather...
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Atlantic Reporter, Volume 28

Law reports, digests, etc - 1894 - 1156 pages
...referred to. Section 1002 is a direct Inhibition upon the witness testifying. It provides that, when "one of the original parties to the contract or cause of action In issue and on trial Is dead, * * * the other party shall not be admitted to testify in his own favor." It...
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Atlantic Reporter, Volume 10

Law reports, digests, etc - 1887 - 924 pages
...excepted. Our statutes first provide that interest shall not disqualify a witness; then that, where "one of the original parties to the contract or cause of action in issue and on trial is dead, * * * the other party shall not be admitted to testify in his own favor, except,"...
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Atlantic Reporter, Volume 24

Law reports, digests, etc - 1892 - 1150 pages
...INSTRUCTIONS —WITNESS — TRANSACTIONS WITH DECEDENTS. 1. RL, §§ 1002, 1003, which provide that where one of the original parties to the contract or cause of action in issue is dead, or u- hero an executor of deceased is a party, the other party shall not testify In his own...
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The Southwestern Reporter, Volume 8

Law reports, digests, etc - 1888 - 1048 pages
...the plaintiff Mrs. O'Bryan was incompetent to testify in her own behalf was properly overruled. She was not one of the original parties to the contract or cause of action on trial. The original parties to that contract were Henry Bell and his son Noah D. Bell, both of whom...
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A Treatise on the Law of Witnesses

Stewart Rapalje - Cross-examination - 1887 - 684 pages
...As early as 1870 it was held that the provision forbidding a party to testify when it is shown that one of the original parties to the contract or cause of action in issue and on trial, is dead, ete., relates wholly to persons who are parties to the issue which is on trial,...
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