 Missouri statute 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 to such contract or cause of action shall not be admitted to testify either in his own...  The South Western Reporter - Page 2101903Full view - About this book
 | 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... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1893 - 772 pages
...incompetent witness for that purpose. The statute provides that, when "one of the original parties to a 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 to testify either in... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1004 pages
...competent witness under section 4010 of the Revised Statutes of 1879, on the ground that " she was not one of the original parties to the contract or cause of action on trial." Since that decision was made, and before the trial of this case in the court below, from... | |
 | Francis Buchanan Tiffany - Death by wrongful act - 1893 - 458 pages
...have been held not to exclude the defendant.2 And in Missouri, where the statute provided that, in actions where one of the original parties to the contract or cause ol action is dead, the other party shall not be allowed to testify in his own favor, it was held, in... | |
 | 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 to testify, either... | |
 | Law reports, digests, etc - 1899 - 1234 pages
...legal, or 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 favor." Rev. St. Mo.... | |
 | Law reports, digests, etc - 1900 - 666 pages
...any other state. In that state the statute admits parties to testify, except "where one of the 352 original *parties to the contract or cause of action in issue and on trial is dead." Geni. Stat., c. 131, § 14. In construing this statute in Granger and others, cx'ors v. Basset!. 98... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1902 - 834 pages
...Smith." Anderson i\ Bigelow, supra; CuUity v. Dorffel, supra. The law of Massachusetts 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 bo admitted to testify in his own favor. The supreme court of Massachusetts,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1903 - 1132 pages
...behalf, and this is assigned as error. Section 4652 of the Revised Statutes of 1899 provides, "that in actions where one of the original parties to the contract...cause of action in issue and on trial is dead, or shown to the court to be insane, the other party to such contract or cause of action shall not be admitted... | |
 | Law reports, digests, etc - 1903 - 1040 pages
...money loaned, a part of which was contributed by each, Is precluded by a statute providing 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 lo his own favor. 7. An objection to the testimony... | |
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