...remote or contingent, and must be in the event of the action.* In other words, his interest must be such that he will either gain or lose by -the direct, legal operation and effect of the judgment of the court disposing of the facts in dispute.5 As one court has expressed it, the test as to interest...

...Carpenter v. Soule, 88 NY 251, 257, 42 Am. Rep. 248. Greenleaf has thus stated the rule: "The true test of the Interest of a witness is that he will either gain or lose by the direct legal operation ami effect of the Judgment or that the record will be legal evidence for or against him in some other...

...must be In the matter in litigation and 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. [7] As the petitioner did not become a party to the action by Intervention or otherwise, he had no...

...Carpenter v. Soule, 88 NY 251, 257, 42 Am. Rep. 248. Greenleaf has thus stated the rule: "The true test of the interest of a witness is that he will either gain or li-se by the direct legal operation and effect of the judgment or that the record will be legal evidence...

...He is bound by his covenant to defend the title or pay the value of the laud, and he will not only gain or lose by the direct legal operation and effect of the judgment, but the record of the judgment will be legal evidence for or against him in any subsequent action for...

...195 NYS 549); not merely that witness will gain or lose by effect of judgment, but that such judgment will be legal evidence for or against him in some other action (Kerwood 201 AD 89, 193 NYS 811). Widow, brotner and mother of decedent: on application to revoke letters...

...acquiring real estate, as will disqualify him from testifying as a witness in her behalf; the test of interest of a witness is that he will either gain or lose by the operation of the judgment, and it must be present and certain and not uncertain, remote or contingent....

...St. 1920, § 2705). The true test of the interest of a witness, under section 2705, Rev. Gen. Stats., is that he will either gain or lose by the direct...operation and effect of the judgment, or that the 6. Witnesses <S=»I40(2)— Interest disqualifying witness to testify to communication with person...

...muet be in the matter in litigation, and 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 In other words, the interest must be that created by a claim to the demand in suit or some part thereof,...

...matter in litigation, nnd of such a direct and immediate character that the intervener will either Rain or lose by the direct legal operation and effect of the judgment. In other words, the interest must be that created by a claim to the demand in suit or some part thereof,...