 | Georgia. Supreme Court - 1890 - 912 oldal
...within the proviso to section 3854 of the code, which proviso is in the following language : " "Where one of the original parties to the contract or cause of action in issue or on trial is dead, or is shown to the court to be insane, or where an executor or administrator is... | |
 | Georgia. Supreme Court - 1882 - 834 oldal
...being dead. The motion was refused by the court, and defendants excepted. The Code provides '' where one of the original parties to the contract or cause of action in issue or on trial is dead, or is shown to the court to be insane, or where an executor or administrator is... | |
 | Georgia. Supreme Court - 1882 - 874 oldal
...then husband, WR Thompson, on the ground that Rush, the payee thereof, was dead. Mrs. Wimpee was not one of the original parties to the contract or cause of action in issue or on trial, and she was not called to testify in her own favor, and besides it does not appear from... | |
 | Georgia. Supreme Court - 1889 - 950 oldal
...the judgment creditor being dead, the exception to competency in the act being as follows : " Where one of the original parties to the contract or cause of action in issue or on trial is dead, ... or where an executor or administrator is a party in any suit on the contract... | |
 | Minnesota - 1861 - 462 oldal
...(681) of the public statutes, be amended by adding thereto the following words : Provided, That where one of the original parties to the contract or cause of action in issue ana on trial, is dead, when party to or is gho-^n to the court to be insane, the other party " 1 shall... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 698 oldal
...competent witness, if the case falls within the exception to St. 1857, c. 305, § 1, which provides that when one of the original parties to the contract or cause of action then in issue and on trial is shown to the court to be insane, the other party shall not be admitted... | |
 | Massachusetts - 1864 - 476 oldal
...be competent witnesses for themselves or any other party, notwithstanding the death or insanity of one of the original parties to the contract or cause of action in issue. SECTION 2. If either party to a suit or proceeding shall uwofdecewed give his deposition in his own... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 588 oldal
...because he comes within the proviso or exception to the general clause of the statute, that " where one of the original parties to the contract or cause of action then in issue and on trial is dead, the other party shall not be admitted to testify in his own favor."... | |
 | Massachusetts. Supreme Judicial Court - 1865 - 676 oldal
...witness to testify in relation to his agency. But the statute saya she shall not be so admitted if one of the original parties to the contract or cause of action in iHsue and on trial is dead. George A. Smith, one of the original partii's to that contract, has deceased... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 686 oldal
...and this action is against the executors of the maker. The proviso of the section is, that " where one of the original parties to the contract or cause of action in issue and on trial is dead," " the other party shall not be admitted to testify in his own favor." If this language were independent,... | |
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That section, so far as pertinent, provides — "that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead * * * the other party to such contract or cause of action shall not be admitted to testify... 
