| United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 732 str.
...proceedings .... shall be admitted as competent witnesses for themselves or any other party, .... 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 be admitted to testify in his own favor unless the... | |
| Virginia. Supreme Court of Appeals - 1878 - 1044 str.
...like ours than that of auy other state. In that state the statute admits parties to testify, except " where one of the original parties to the contract or cause of action in issue and on trial is dead." Genl. Stat., c. 131, § 14. In construing this statute in Granger and others,... | |
| American Bar Association - 1887 - 460 str.
...allowing a new trial shall specify of record the grounds on which it was rendered ; that in civil actions, where one of the original parties to the contract or cause of action is dead or insane, the other party shall not be admitted to testify either in his own favor or in favor... | |
| Massachusetts. Supreme Judicial Court - 1883 - 746 str.
...should not have been permitted to testify in their own favor. The St. of 1857, c. 305, § 1, provides 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... | |
| Vermont. Supreme Court - 1883 - 706 str.
...Co. v. Welh, 53 Vt. 14 ; Hall v. Hamblett, 51 Vt. 590; 38 Vt. 509. Joel C. Baker, for the defendant. The original parties to the contract or cause of action in issue and on trial were Ruel Pember and LD Pember. The fact, to which the defendant testifies, bears upon... | |
| 1892 - 1150 str.
...— INSTRUCTIONS —WITNESS — TRANSACTIONS WITH DECEDENTS. 1. RL, §§ 1002, 1003, which provide that where one of the original parties to the contract or cause of action in issue is dead, or u- hero an executor of deceased is a party, the other party shall not testify In his own... | |
| 1887 - 924 str.
...which Gifford excepted. Our statutes first provide that interest shall not disqualify a witness; then 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 be admitted to testify in his own favor, except,"... | |
| 1894 - 1156 str.
...referred to. Section 1002 is a direct Inhibition upon the witness testifying. It provides that, when "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." It... | |
| 1886 - 944 str.
...Souihwick, 38 Vt. 509, that, in order to determine whether a case comes within the statute excluding one of the original parties to the contract or cause of action in issue and on trial from testifying when the other party is dead, we must look to matters of substance, rather... | |
| 1888 - 964 str.
...member was deceased at the time of the trial. IIe!d error. Code Ga. $ 3854, sub. 1, which prescribes that, where one of the original parties to the contract...or on trial is dead, the other party shall not be permitted to testify, is declaratory of the common law ; and the witnesses, being incompetent before... | |
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