 | Alabama. Supreme Court - 1846 - 1178 pages
...Mams, 791 10. An interest in the'question does not disqualify a witness — it must appear that he will gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence either for or against him, in some other action. Stewart v. Conner, 804 11. Where the judgment... | |
 | Alabama. Supreme Court - 1849 - 916 pages
...in error. 1. To make a witness incompetent on the ground of 'interest, it must be shown that he will either gain or lose by the direct legal operation...effect of the judgment, or that the record will be evidence, either for or against him, in some other action. Massey v. Rogan, 6 Ala. 648. An interest... | |
 | Georgia. Supreme Court - 1847 - 710 pages
...witness is, that he will either gain or lose by the direct legal operation of the judgment, or that lh¿ record will be legal evidence for or against him, in some other, suit. — Bailey vs. liumpkin. 403 . When several defendants are included in the same indictment, and... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...sec. 390, the rule is stated to be, that " The true tcst of the interest of a witness is, that he will either gain or lose by the direct legal operation...will be legal evidence for or against him in some [2.] other action. It must be a present, certain, and rested interest, and not an interest uncertain,... | |
 | Asa Kinne - 1852 - 358 pages
...The true test of I he interest of a witness is, that he will either gain of lose by the direct and legal operation and effect of the judgment, or that...evidence 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.... | |
 | Vermont. Supreme Court - 1852 - 836 pages
...Law Mag. 244. Dillingham for plaintiff. The true test of the interest of a witness is, that he will either gain, or lose, by the direct legal operation...effect of the judgment, or that the record will be evidence for or against him in some other action. 1 Greenl. Ev., § 390. It was immaterial to True,... | |
 | Georgia. Supreme Court - 1852 - 664 pages
...Court held, that to render a witness incompetent on the ground of Merest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record mil be legal evidence for, or against him, in some other action, and that the interest to exclude a... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 806 pages
...has an interest in the litigation "of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment." See opinion of Field, J., in Horn v. Water Co., 13 Cal. 62, cited with approval in Smith v. Gale, 144... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1920 - 788 pages
...clearly that his interest in the subject-matter is of such a direct and immediate character that he will either gain or lose by the direct legal operation and effect of the decree of this court determining the right of the defendant Preston to recover for his services in... | |
 | California - 1854 - 270 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,... | |
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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. 
