 | William Mark McKinney - Law - 1921 - 1328 pages
...administrator, and has also been followed under a statute prohibiting testimony by a party to the proceeding where one of the original parties to the contract or cause of action in issue and on trial has deceased.17 In like manner the rule has been held applicable under statutes prohibiting interested... | |
 | 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... | |
 | Burr W. Jones, Louis Horwitz - Evidence (Law) - 1914 - 996 pages
...others because of the wording of the statutes. Thus in Massachusetts the proviso in the statute that where one of the original parties to the contract or cause of action then in issue and on trial is dead, the other party shall not be admitted to testify in his own favor,... | |
 | Lawyers - 1910 - 1892 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... | |
 | Law reports, digests, etc - 1914 - 1316 pages
...that heirs at law are not disqualified by statute making incompetent as witnesses in their own behalt one of the original parties to the contract or cause of action, where the other party has since deceased. Garvin v. Williams, 50 Mo. 206, holding that beneficiaries... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1915 - 664 pages
...the trustee against the executor. Ib id. The words "other party," as used in PS 1589, providing that, where one of the original parties to the contract or cause of action in issue is dead, "the other party" shall be disqualified to testify, refer to the other party to the original... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1916 - 896 pages
...follows : "No person shall be disqualified as a witness in any civil suit . . . ; Provided, that in actions where one of the original parties to the contract...insane, the other party to such contract or cause of action shall not be admitted to testify either in his own favor or in favor of any party to the action... | |
 | Law - 1917 - 524 pages
...should be disqualified as a witness in a civil suit because of his interest as a party, except that, "where one of the original parties to the contract...is shown to the court to be insane, the other party shall not be admitted to testify in his own favor."0 In 1887 the provision that a party to the contract... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1918 - 878 pages
...contention that error was committed in the admission of the testimony of George W. Elsea, is as follows: "in actions where one of the original parties to the contract or cause Surviving °^ a°tion in issue and on trial is dead, . . . Party as the other party to such contract... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1918 - 882 pages
...Division concurred. On page 488, he said: "We have reached the conclusion that the witness was not a party to the contract or cause of action in issue and on trial in this case. The evidence shows that all of the three purchasers were present in the bank at the time... | |
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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... 
