 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1052 pages
...dead." The •upreme court in sustaining the action of the trial court said: "This is not a oaae ' where one of the original parties to the contract or cause of action in i явив and on trial is dead.' There was no cause of action until the death of the testatrix. The... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1897 - 896 pages
...advancements in a suit for partition, it is held that Mo. Rev. St. § 8918, which provides that, " where one of the original parties to the contract or cause of action in issue and on trial is dead, * * * the other party to such contract or cause of action shall not be admitted... | |
 | Law reports, digests, etc - 1899 - 1234 pages
...otherwise — in the result of the suit on trial. A statute of Missouri provided that "in actions 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... | |
 | Law reports, digests, etc - 1903 - 1038 pages
...behalf, and this is assigned as error. Section 4652, Rev. Stat. 18Я9, provides "that in actions 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 to such contract or cause... | |
 | Law reports, digests, etc - 1904 - 1402 pages
...issue. — Orr v. Cox. 71 Tenn. (3 Lea) 617. [y] (Vt. 1891) RL £§ 1002. 1008, which provide that where one of the original parties to the contract or cause of action in issue is dead, or where an executor of deceased is a party, the other party shall not testify in his own... | |
 | Law - 1904 - 1004 pages
...partner. Clapp v. Hull, 18 RI 652, 653, 29 AtL 687. "Other party," as used In Laws RI providing 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,"... | |
 | Law reports, digests, etc - 1909 - 1148 pages
...TRANSACTION WITH PERSON SINCE DECEASED — "OTHER PARTY." PS 1589, provides that, in actions where one of the original parties to the contract or cause of action is dead, the "other party" may not testify in his own favor, except to meet or explain the testimony... | |
 | Francis Buchanan Tiffany - Death by wrongful act - 1913 - 734 pages
...not to exclude the defendant.18 And in Missouri, where the statute provided that, in actions where one of the original parties to the contract or cause of action is dead, the other party shall not be allowed to testify in his own favor, it was held, in an action... | |
 | Lawyers - 1907 - 1848 pages
...worthy of remark is, that parties to suits and persons interested are permitted to testify, except where one of the original parties to the contract or cause of action is dead or insane, or where an executor or administrator is a party, on a contract of deceased, in... | |
| |
... 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... 
