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" Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead... "
Atlantic Reporter - Página 275
1887
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 66

Georgia. Supreme Court - 1882 - 834 páginas
...construction of this act by this court, and the law itself, proceeds upon the idea that a witness, a party to the contract or cause of action in issue and on trial, is incom petent when the mouth of the other party is closed by death, touching matters pertaining to...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 12

1862 - 422 páginas
...testify as to private conversations with each other; Provided, That where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the Court to be insane, or when an executor or administrator is a party the...
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The Rules of Evidence: Stated and Discussed

John Appleton - 1860 - 298 páginas
...testify as to private conversations with each other : Provided, That where one of the original parties to the contract or cause of action in issue and on trial, is dead, or is shown to the court to be insane ; or when an executor or administrator is a party, the...
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Pleading and Practice of the High Court of Chancery, Volume 2

Edmund Robert Daniell - 1865 - 960 páginas
...testify as to private conversations with each other ; provided, that where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the Court to be insane, the other party shall not be admitted to testify in...
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Acts Passed by the General Assembly of Georgia

Georgia - 1867 - 270 páginas
...other proceeding, except as hereinafter excepted : provided, that when one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, or when an executor or administrator is a party in...
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A Treatise on Admiralty and Prize: Together with Some Suggestions for the ...

David Roberts - 1869 - 764 páginas
...testify as to private conversations with each other; provided, that where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party shall not be permitted to testify in...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 37

Georgia. Supreme Court - 1869 - 790 páginas
...except as hereinafter excepted." What are " hereinafter excepted ?" " When 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." What was the cause...
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The American Law Register, Volume 11;Volume 20

1872 - 854 páginas
...not competent witnesses under the statute, but this is not a case where one of the original parties to the contract, or cause of action in issue, and on trial, is dead. They are not parties in a representative capacity — there was no cause of action in existence...
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The Central Law Journal, Volume 87

1918 - 498 páginas
...anyone claiming under him. The court said of the statute, that: "It does not purport to disqualify the party to the contract or cause of action in issue and on trial from testifying, but only from testifying in his own favor or in favor of any party to the action claiming...
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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 páginas
...competent witnesses for themselves or any other party, .... provided 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 unless the contract in issue...
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