... in regard to any personal transaction or communication between such witness and a person, at the time of such examination, deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor... Reports of Cases Argued and Determined in the Supreme Court of Appeals of ... - Page 133by West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1898Full view - About this book
| 1873 - 464 pages
...the defendants offered to prove by him ; for the reason that the offer was not to have him testify " in regard to any personal transaction or communication between such witness " and the deceased, within the prohibition of the Code, section 399. Santford v. Santford et al. '¿. O/... | |
| New York (State) - 1875 - 498 pages
...otherwise, shall he examined as a witness in regard to any personal transaction or commuuication hetween such witness and a person at the time of such examination...deceased, insane or lunatic, against the executor, admiuistrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person,... | |
| Iowa. Supreme Court - 1876 - 784 pages
...of section 3639, that in the cases which it provides for it merely inhibits the examination of the witness in regard to any personal transaction or communication between such witness and a person, at the commencement of the examination, deceased, insane, or lunatic. The witness in question did not testify... | |
| North Carolina. Supreme Court - 1876 - 676 pages
...reason of the fact that he is a party to the action or a party in interest, except in regard to any transaction or communication between such witness...person at the time of such examination, deceased. Bollard v. Ballard, 190. 3. A executed a bond to B, who assigned it to C, by making his mark (X ;)... | |
| New York (State). - 1876 - 498 pages
...or otherwise, shall be examined as a witness in regard to any personal transaction 01 communlcation between such witness and a person at the time of such examination deceased, inBane or lunatic, against the execntor, admiuistrator, heir at law, next of kin. assignee, legatee,... | |
| Amasa Angell Redfield - 1877 - 604 pages
...that no party to an action, or proceeding, nor any person interested in the event thereof, shall be examined as a witness in regard to any personal transaction,...person at the time of such examination, deceased. There are abundant authorities justifying the exclusion of any personal communication or transaction,... | |
| Charles Patrick Daly - 1878 - 618 pages
...such party or interested person derives any interest or title, by assignment or otherwise, shall be examined as a witness in regard to any personal transaction...insane, or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee, or survivor of such deceased person, or the assignee... | |
| North Carolina, Albion W. Tourgée - 1878 - 484 pages
...reason of the fact that he is a party to the action or a party in interest, except in regard to any transaction or communication between such witness...a person at the time of such examination deceased. Ballard t>. Ballard, 75—190. f 343. — Parties to action* and special proceeding! nm j be examined... | |
| Austin Abbott - 1878 - 592 pages
...present statutc. The chief difficulty in the application of the statute is as to what is testifying "in regard to any personal transaction or communication between such witness, and," &c. To clear up the apparent conflict between some of the cases, and make the present form of it significant,... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 556 pages
...aeaiKnment or otherwise, and uo husband or wife of any said p:irty or person, snail be examined an a witness in regard to any personal transaction or...communication between such witness and a person at the commencement of such examination, deceased, insane, or lunatic ; against the executor, administrator,... | |
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