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" ... where an executor or administrator is a party, the other party shall not be permitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to such acts and contracts... "
Virginia Reports: Jefferson--33 Grattan, 1730-1880 - Page 402
1901
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1864 - 1314 pages
...the original parties to the cause of action on trial is dead, or is shown to the court to be insane, the other party shall not be permitted to testify in his own favor." On the trial of this case, evidence of the defendant's insanity was offered and received, for the purpose...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 93

Massachusetts. Supreme Judicial Court - 1867 - 660 pages
...shall not be admitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to such acts 'And contracts as have been done or made since the probate of the will, or the appointment of...
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A Treatise on Admiralty and Prize: Together with Some Suggestions for the ...

David Roberts - 1869 - 764 pages
...shall not be permitted to testify in his own favor; and where an executor or administrator is a party, the other party shall not be permitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to such...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 66

Virginia. Supreme Court of Appeals - 1875 - 1070 pages
...within, the remaining exception. It is in these words : " Where one of the parties is an executor, &c., the other party shall not be permitted to testify...is not included in the exception, and consequently ia not incompetent. One party to the suit, under this exception, is incompetent as a witness on account...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 47

Vermont. Supreme Court - 1875 - 800 pages
...Abbott et als v. Choate et als. Gen. Sts. 327, ยง 24. " When the executor or administrator is a party, the other party shall not be permitted to testify in his own favor, unless the contract in issue was originally with a person who is living and competent to testify, except as to such acts...
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Acts and Joint Resolutions Passed by the General Assembly of the State of ...

Virginia - 1877 - 476 pages
...committee or other person representing a dead person, an insane person, or a convict in the penitentiary, the other party shall not be permitted to testify in his own favor, unless such contract or other transaction was originally made or had with a person who is living and competent...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 732 pages
...shall not be admitted to testify in his own favor unless the contract in issue was originally made with a person who is living and competent to testify, except as to such acts and contracts as have been done or made since the probate of the will, or the appointment of the...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1878 - 1044 pages
...investigation, is dead, or insane, or incompetent to testify by reason of infamy, or other legal cause, the other party shall not be permitted to testify in his own favor, or in favor of any other party having an interest adverse to that of the party so incapable of testifying,...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1880 - 964 pages
...or subject of way's investigation was originally made or had with a person ex or. Wi10 jg iivir)g or competent to testify, except as to such things as have been done since the powers of such fiduciary were assumed." It is plain that neither this section nor the next preceding was intended...
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The Equity Decisions of the Hon. John W. Ritchie, Judge in Equity of the ...

Nova Scotia. Supreme Court, John William Ritchie - 1883 - 626 pages
...witnesses, there is a provision that when one of the parties to a contract or cause of action is dead, the other party shall not be permitted to testify in his own favor. In Jones v. Wolcott, 15 Gray 541, the action was commenced by a party who subsequently became insolvent,...
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