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" Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or... "
Notes of the Commissioners to the Code of Evidence Reported to the ... - Page 47
by New York (State) - 1889 - 53 pages
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Laws of the State of New York, Volume 1

New York (State) - 1935 - 1272 pages
...otherwise, shall not be qualified for the purposes of this section, to testify in his own behalf or Personal interest, or in behalf of the party succeeding to his title or interest, JOM" wim to personal transactions or communications with the donee of a ^"r °'t power of appointment...
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Albany Law Journal, Volume 33

1886 - 548 pages
...such a party or interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or iu behalf of the party succeeding to his title or interest against the executor, administrator or survivor...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1878 - 462 pages
...interested ex|UninBdnsou derives his interest or title, by assignment, or otherwise ; shall TITIK 1 not be examined, as a witness, in his own behalf or interest, of in behalf of the party succeeding to his title or interest, against the executor, administrator,...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...interested «xamine<1' person derives his interest or title, by assignment or otherwise ; shall TJ.TI K 1 not be examined, as a witness, in his own behalf or...party succeeding to his title or interest, against the execntor, administrator, or survivor of a deceased person ; or the committee of a lunatic ; or a person...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...following. The introductory clause, "upon the trial," etc., excludes interlocutory proceedings. The words, "in his own behalf or interest, or in behalf of the party succeeding to his title or interest," change the rule which was established under the former statute, that it made no difference, upon the...
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Trial Evidence: The Rules of Evidence Applicable on the Trial of Civil ...

Austin Abbott - 1880 - 928 pages
...interested person derives his interest or title, by assignment or otherwise,2 can be thus examined, in his own behalf or interest, or in behalf of the party succeeding to his title or interest,8 if the interest or title thus derived is in the particular claim affected by the transaction...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 46

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1881 - 664 pages
...Civil Procedure, which prescribes that a party to an action, or a person interested in the event, shall not be examined, as a witness, in his own behalf or interest, against a person deriving his title or interest from, through, or under a deceased person by assignment...
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A Treatise on Bills of Exchange: Promissory Notes, Coupon Bonds ..., Volume 2

Isaac Edwards - 1882 - 560 pages
...such a party or interested person derives his interest or title, by assignment or otherwise, shall not be examined, as a witness, in his own behalf or...survivor of a deceased person ; or the committee of a luuatic ; or a person deriving his title or interest from, though, or under a deceased person or lunatic,...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 15

1883 - 676 pages
...which excludes evidence "against the executor, administrator or survivor of a deceased person * * * or a person deriving his title or interest from, through or under a deceased person * * * concerning a personal transaction between the witness and the deceased person." Both defendant...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 65

Nathan Howard (Jr.), Rowland M. Stover - 1883 - 666 pages
...Code of Civil Procedure, prohibiting a party to an action from testifying in his own behalf against " a person deriving his title or interest from, through or under a deceased person," concerning a personal transaction or communication between the witness and the deceased person, a party...
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