| California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...party be had on behalf of the adverse party, except in the manner prescribed by this chapter. SEC. 418. A party to an action or proceeding may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties ; and for that purpose... | |
| Nathan Howard (Jr.) - Civil procedure - 1857 - 614 pages
...an action or proceeding, and a party for whose immediate benefit a suit is prosecuted or defended, may be examined as a witness in his own behalf, the same as any other witness, in all cases except, When the adverse party, or adverse person in interest, is not living; or, when... | |
| William H. R. Wood - Law - 1857 - 834 pages
...had on behalf of the adverse party, except in the manner provided by this chapter.(l) ART. 1152, 418. ƃˀ ! at the instance of the adverse party, or of any one of several adverse parties ; and for that purpose... | |
| Nathan Howard (Jr.) - Civil procedure - 1858 - 616 pages
...language of section 399 of the Code, so far as it is applicable to the question now presented, is, that " a party to an action or proceeding, may be examined as a witness in his own behalf, the same as any oiher witness." But neither that section, nor any other, contains any provision that allows a party... | |
| Austin Abbott - Civil procedure - 1858 - 610 pages
...7. The provision of section 399 of the Code as amended in 1857, — that a party to an action or a proceeding may be examined as a witness in his own behalf, the same as any other witness, — does not authorize a wife to testify in her own behalf in an action between herself and husband.... | |
| California - Civil procedure - 1858 - 320 pages
...supplementary to an execution. — Dunham v. Nicholson, 2 Sand., 636 ; Quick v. Keeler, ib., 231. 418. A party to an action or proceeding may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties ; and for that purpose... | |
| Austin Abbott - Civil procedure - 1859 - 608 pages
...allowing the commission is reported 7 Ante, 21. BY THE COURT. — ROOSEVELT, J. — The Code provides that a party to an action or proceeding may be examined...in his own behalf, the same as any other witness. As non-resident witnesses generally may have their testimony taken by commission or written interrogatories... | |
| Civil procedure - 1859 - 616 pages
...By THE COURT. — ROOSFVELT, J. — The Code provides that a party to an action or proceeding may he examined as a witness in his own behalf, the same as any other witness. As non-resident witnesses generally may have their testimony taken by commission or written' interrogatories... | |
| Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...PARTIES.—DEPOSITION ON COMMISSION. Under the provision of section 399 of the Code,—that a party may be examined as a witness in his own behalf, the same as any witness, on previous notice, except in certain cases,—a non-resident is entitled to be examined upon... | |
| Nathan Howard (Jr.) - Civil procedure - 1859 - 618 pages
...XVII. 17 Fairbanks agt. Tregent SUPREME COUET. JOHN FAIRBANKS agt PATRICK TREGENT, Jr., and others. " A party to an action or proceeding may be examined as a witness in bis own behalf, the same aa any other witness." (Code, § 399.) The question is, does this clause,... | |
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