 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.  The Law of Patents for Useful Inventions - Page 225by William Callyhan Robinson - 1890Full view - About this book
 | Alabama. Supreme Court - Law reports, digests, etc - 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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 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 and 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... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 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 and 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... | |
 | 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 - Law reports, digests, etc - 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 - Law reports, digests, etc - 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 - Session laws - 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,... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...of the interest of a person, which shall ren-ler him incompetent as a witness, shall be that he will th houses of the législature. The person having the highest number of votes shall be gov of the judgment will be legal evidence for or against him in some other action, but nothing in thi*,... | |
 | California - Civil procedure - 1858 - 320 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,... | |
 | California - Civil procedure - 1860 - 388 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,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1917 - 720 pages
...directly interested in the event of the suit.' The true test, of his interest was whether he would either gain or lose by the direct legal operation...evidence for or against him in some other action. The interest which disqualifies a witness must be some legal, certain and immediate interest, however... | |
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