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" 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 may be compelled, in the same manner, and subject to the same rules of examination as... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Page 56
1862
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 14

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1857
...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...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 871 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 15

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1858
...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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 6

Austin Abbott - Civil procedure - 1858
...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....
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 302 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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 8

Austin Abbott - Civil procedure - 1859
...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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 8

Civil procedure - 1859
...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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 7

Benjamin Vaughan Abbott - Civil procedure - 1859
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 17

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1859
...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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