 | Montana - Session laws - 1872 - 798 pages
...behalf of the adverse party, except in the manner provided by this and the foregoing chapter. Sec. 470. 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... | |
 | Law - 1875 - 722 pages
...indicted, is admitted fo testify on his own behalf. The phraseology of the act of 1857, is as follows: " A party to an action or proceeding may be examined...in his own behalf, the same as any other witness." That act, innovating upon the traditional principles of the common law, and so doing affront to all... | |
 | Austin Abbott - Civil procedure - 1857 - 608 pages
...sufficient to authorize his examination. Ib. EXAMINATION OF PARTIES, 1. EXAMINATION OF PARTIES. 1. A party to an action or proceeding, may be examined...is prosecuted, or defended, be' so examined, unless tie adverse party, or person in interest is living, nor when the opposite party shall be the assignee,... | |
 | Montana (Ter.) - Law - 1877 - 956 pages
...behalf of the adverse party, except in the manner provided by this and the foregoing chapter. SEC. 648. 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... | |
 | Isaac Edwards - Negotiable instruments - 1882 - 560 pages
...or deceased person is given in evidence concerning the same transaction or communication." 3 § 990. A party to an action or proceeding may be examined...witness in his own behalf the same as any other witness, and either party may call and examine his adversary or the person for whose immediate benefit the action... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 766 pages
...Girard, 6 CaL 73 ; 8 Id. 72-75, 353.) The Statutes of 1861, 522, or Practice Act, 422, provides that " a party to an action or proceeding may be examined as a witneess in his own behalf." Another portion of the same section provides certain exceptions to this... | |
 | Stewart Rapalje - Cross-examination - 1887 - 684 pages
...be excluded by reason of his interest in the event thereof."4 '• A party to a civil action, suit, or proceeding, may be examined as a witness in his own behalf, or in the behalf of any other party, in the same manner and subject to the same rules of examination... | |
 | California. Superior Court (San Francisco). Probate Department - Probate law and practice - 1894 - 638 pages
...interest in the event of an action will not debar a person from being a witness. (Code, .Section 398.) And a party to an action or proceeding may be examined...adverse party or person in interest is living ; nor when ihe opposite party shall be an assignee, administrator, executor or legal representative of a deceased... | |
 | Law reports, digests, etc - 1901 - 702 pages
...construction which had been there put upon section 399 of the Code of that state, which declares that "a party to an action or proceeding may be examined...in his own behalf, the same as any other witness." In IS How. Pr. R. 165, and 26 Barb. 612, it was held that the said section did not make husbands and... | |
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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... 
