 | Alabama. Supreme Court - 1848 - 918 pages
...interest. Clay's Dig. 236, 334. Whereas the interest which renders one incompetent as a witness, " must be a present, certain and vested interest, and not an interest uncertain, remote and contingent." 1 Greenl. Ev. 535, et seq., § 390, 391, 392, 393, and cases cited ; State v. Truss,... | |
 | 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...not an interest uncertain, remote, or contingent. If tb* interest be of a doubtful nature, the objection goes to the credit of the witness, and not to... | |
 | Georgia. Supreme Court - 1852 - 664 pages
...legal evidence for, or against him, in some other action, and that the interest to exclude a witness, must be a present, certain, and vested interest, and not an interest uncertain, remote, or contmgent. The complainants have filed their bill in this case, against the administratrix of Alpheus... | |
 | Illinois. Supreme Court - 1914 - 714 pages
...of the cause or in the record as an instrument of evidence in support of his own claims in another action. It must be a present, certain and vested interest,...and not an interest uncertain, remote or contingent. If the interest is of a doubtful nature it goes to the credibility of the witness and not to his competency.... | |
 | Simon Greenleaf - 1866 - 756 pages
...the judgment, or that the record will be legal evidence for or against him, in some other action.2 It must be a present, certain, and vested interest,...not an interest uncertain, remote, or contingent. Thus the heir apparent to an estate is a competent witness in support of the claim of his ancestor... | |
 | 1890 - 548 pages
...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 uncertain, remoto or contingent." Hobnrt v. Hobart. 62 NY 81; Wallace v. Straus, 113 id. 238. The recovery of... | |
 | Ohio. Supreme Court - 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...not an interest uncertain, remote or contingent." I suppose these principles to be in accordance with the law, and, keeping them in view, will proceed... | |
 | Simon Greenleaf - 1876 - 762 pages
...394, per Tindal, CJ ; supra, § 386; u Bent v. Baker, 3 TR 27. Rex v. Boston, 4 East, 581, per Ld. El present, certain, and vested interest, and not an interest uncertain, remote, or contingent. Thus the heir apparent to an estate is a competent witness in support of the claim of his ancestor... | |
 | Nevada. Supreme Court - 1877 - 1026 pages
...bring such second suit. The iuterest which will render a witness incompetent must be, says Greeuleaf, "a present, certain and vested interest, and not an...interest uncertain, remote or contingent." (1 Greenl. Ev., Sec. 390.) Surely, the mere fact that the witness owned laud on the same stream with the plaintiffs... | |
 | Isaac Grant Thompson - 1878 - 860 pages
...interest, as laid down in all the books and cases. That rule, as given by Professor Greenleaf, is, it must be, a present certain and vested interest,...interest uncertain, remote or contingent. 1 Greenl. Ev., § 390. That this has always been recognized in this State as a correct statement of the rule... | |
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The true test of the interest of a witness," says Greenleaf (volume 1, § 390), "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.... 
