 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.  The New York Supplement - Page 3581918Full view - About this book
 | California - Bankruptcy - 1863 - 756 pages
...mast be in the matter in litigation, and of each a direct and imniediare character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. It most be that created by a claim to the demand, or some part thereof, in suit or a claim to, or lien... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...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... | |
 | Idaho - Law - 1864 - 734 pages
...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... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...868. use a patent may be a witness for the patentee, in an action for infringing the patent.1 § 390. The true test of the interest of a witness is, that...be legal evidence for or against him, in some other action.2 It must be a present, certain, and vested interest, and not an interest uncertain, remote,... | |
 | Law - 1890 - 548 pages
...witness is not a party, is that the witness " will either gain or lose by the direct legal operation of the judgment, or that the record will be legal evidence for or againxt him in some other action. It must be a present, certain and vested interest, and not an interest... | |
 | California - Civil procedure - 1872 - 892 pages
...an interest in the matter in litigation of such & direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. It must be an interest created by a claim to the demand, or some part thereof, in suit or a claim to... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1859 - 638 pages
...must be real, and not merely apprehended by the part}'." Again, in the 390th section, it is said, " the true test of the interest of a witness is, that...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." I suppose... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1874 - 616 pages
...Ibid. 679. Test of interest The true test of interest is, that the witness will either lose or gain by the direct legal operation and effect of the judgment,...evidence for or against him, in some other action. H the interest is of a doubtful nature, the objection goes to the credit of the witness and not to... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1876 - 784 pages
...uncertain, miu'istrator'is reinote> or contingent. The true test of the interaparty. cst of aw;triess jg) that he will either gain or lose by the direct legal...evidence for or against him, in some other action. If the interest is of a doubtful nature, the objection goes to the credit of the witness, and not to... | |
 | Simon Greenleaf - Evidence (Law) - 1876 - 762 pages
...be a witness for the patentee, in an action for infringing the patent.10 § 390. Test of interest. ' The true test of the interest of a witness is, that he will either gain or lose by the direct legil opera- ' tion and effect of the judgment, or that the record will be legal evidence for or against... | |
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