 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.  Atlantic Reporter - Page 31894Full view - About this book
 | Alabama. Supreme Court - 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 the judgment... | |
 | Alabama. Supreme Court - 1849 - 916 pages
...interest must be proven, not presumed. Lot v. Sandifer, 2 Rep. Con. Ct. 167. It must be shown 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. Kennon v. McRae, 2 Por. 389 '. Hoyt v. Wildfire,... | |
 | Alabama. Supreme Court - 1848 - 918 pages
...interest. Clay's Dig. 236, 334. Whereas the interest which renders one incompetent as a witness, " must be a present, certain and vested interest, and not an interest uncertain, remote and contingent." 1 Greenl. Ev. 535, et seq., § 390, 391, 392, 393, and cases cited ; State v. Truss,... | |
 | Georgia. Supreme Court - 1847 - 710 pages
...defence, that the contract upon which it was given was osario« The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation o/the judgment, or that the record tcill be ¡egal evidcmt Jor.or against him in tome other suit. Neither... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...Grcenl. Ev. 458, sec. 390, the rule is stated to be, that " The true tcst of the interest of a witness is, that he will either gain or lose by the direct...will be legal evidence for or against him in some [2.] other action. It must be a present, certain, and rested interest, and not an interest uncertain,... | |
 | Florida. Supreme Court - 1848 - 786 pages
...the direct legal operation and effect of the judgment in this case, or that the record will be hgal evidence for or against him in some other action. It must be a certain, present, vested interest, and not remote or contingent. If the interest is of a doubtful nature... | |
 | Asa Kinne - 1852 - 358 pages
...The true test of I he interest of a witness is, that he will either gain of lose by the direct and legal operation and effect of the judgment, or that...not an interest uncertain, remote, or contingent. If tb* interest be of a doubtful nature, the objection goes to the credit of the witness, and not to... | |
 | Vermont. Supreme Court - 1852 - 836 pages
...TQCranch 242. 3 US 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...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 to True,... | |
 | Georgia. Supreme Court - 1852 - 664 pages
...277,) this Court held, that to render a witness incompetent on the ground of Merest, 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 mil be legal evidence for, or against him, in some other action, and that the interest to exclude a... | |
 | 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 - 1920 - 788 pages
...appears 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... | |
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