...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...

...unless released from liability under his endorsement. — jVtsbet vs. Lawson.' 282-3 7. The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation of the judgment, or that lh¿ record will be legal evidence for or against him, in some other, suit....

...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,...

...title " Testamentary Papers." Jackson and others vs. Culpepper, ....... 573 WITNESS. 1. The true test of the interest of a witness is, that he will either gain or lose by the direct and legal operation and effect of the judgment, or that the record will be legal evidence for or against...

...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...

...Barb. 632. Dunlap v. Munroe, TQCranch 242. 3 US Law Mag. 244. Dillingham for plaintiff. The true test of the interest of a witness is, that he will either...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,...

...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...

...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...

...also has an interest in the litigation "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." See opinion of Field, J., in Horn v. Water Co., 13 Cal. 62, cited with approval in Smith v. Gale, 144...

...of the interest of a person, which shall render him incompetent as a witness, shall be that he will gain 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,...