 | Stewart Rapalje - 1887 - 684 стор.
...the witness's interest was a legal and beneficial one. The test applied was whether the witness would gain or lose by the direct legal operation and effect of the judgment in the cause ; or whether the record would be legal evidence for or against him in some other action.2... | |
 | California. Supreme Court - 1906 - 766 стор.
...or lose by the direct legal operation and effect of the judgment, or that the record of the judgment will be legal evidence for or against him in some other action ; but nothing in this or the last section shall prevent a party calling as a witness the adverse party... | |
 | Georgia. Supreme Court - 1853 - 796 стор.
...in error. [I.] To render a witness incompetent, on the ground of interest, it mnst be shown that be will either gain or lose by the direct legal operation...evidence for or against him in some other action. The interest to exclude a witness must be a present, certain, and vested interest, and not an interest... | |
 | William Callyhan Robinson - 1890 - 952 стор.
...incompetent was either that of a party to the suit, or that arising from the certainty that he must either gain or lose by the direct legal operation and effect of the judgment or that the record would be legal evidence for or against him in some other action. An interest in the question to be... | |
 | Abraham Clark Freeman - 1891 - 1060 стор.
...28 Minn. 428, that the interest must be of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment, this case comes directly within it. If, in the action as orignally brought, judgment had gone against... | |
 | Abraham Clark Freeman - 1891 - 1058 стор.
...28 Minn. 428, that the interest must be of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judg(nent, this case comes directly within it. If, in the action as orignally brought, judgment had... | |
 | Henry Gold Danforth, Robert Bardwell Wickes, Amasa Junius Parker - 1891 - 1066 стор.
...Y. 62. The test of interest that will exclude a witness, not a party, from testifying in an action, is that he will either gain or lose by the direct legal operation of judgment or that the record will be legal evidence against him in another action. RedMd v. Eedfield,... | |
 | 1892 - 508 стор.
...upon the ground of interest. This rule is laid down in 1 Greenl. Ev. § 390, where it is stated that the true test of the interest of a witness is that...evidence for or against him in some other action. It must be a present, certain, and OT vested interest, and not an interest uncertain, remote, or contingent.... | |
 | Simon Greenleaf - 1892 - 888 стор.
...involved, but in the particular action, so that the witness will either gain or lose by the direct legal effect of the judgment, or that the record will be...evidence for or against him in some other action. Thus, where an action was brought on a check and notes claimed to have Iwen executed by the defendant... | |
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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. 
