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" No person offered as a witness shall be excluded by reason of his interest in the event of the action. " SECT. 352. The last section shall not apply to a party to the action, nor to any person for whose immediate benefit it is prosecuted or defended,... "
The American Law Journal - Page 226
1850
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...the action, nor to any person for whose immediate benefit it is prosecuted or defended, nor to any assignor of a thing in action, assigned for the purpose of making him a witness. The propriety of this rule is thus discussed by our author : — " Jurors are now, generally, more...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...the action, nor to any person for whose immediate benefit it is prosecuted or defended, nor to any assignor of a thing in action assigned for the purpose of making him a witness. Page 249. Amend § 353, to read as follows: §353. No person residing more than one hundred miles from...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

1848 - 718 pages
...the action, nor to any person for whose immediate benefit it is prosecuted or defended; nor to any assignor of a thing in action, assigned for the purpose of making him a witness. The action (o obtain discovery, under oath, in aid of the prosecution or defence, of another action...
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The New-York Legal Observer, Volume 7

Samuel Owen - 1849 - 404 pages
...sections of the Code will show the objections to be untenable. The 352d section does not declare that the assignor of a thing in action, assigned for the purpose of making him a witness, shall be incompetent as a witness, but that the 351st section shall not apply to such assignor. Now,...
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Reports of Cases of Practice Decided by the Supreme Court and ..., Volume 3

Nathan Howard (Jr.) - 1851 - 452 pages
...sections of the code will show the objection to be untenable. The 352d section does not declare that the " assignor of a thing in action assigned for the purpose of making him a witness," shall be incompetent as a witness: but that the 351st section shall not apply to such assignor. Now...
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Reports of Cases Adjudged in the Supreme Court of Judicature of ..., Volume 3

William Johnson, New York (State). Supreme Court - 1849 - 866 pages
...the action, nor to any person for whose immediate benefit it is prosecuted or defended, nor to a,iy assignor of a thing in action, assigned for the purpose of making him a wituess. (§§ 351, 352.) The reasons upon which this change in the laws of evidence is made are given...
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The New-York Legal Observer, Volume 8

Samuel Owen - 1850 - 416 pages
...Court.—Washington Bank of Westerly v. Palmer. whose immediate benefit it is prosecuted or defended, nor to any assignor of a thing in action assigned for the purpose of making him a witness," and it is supposed or feared by the counsel of the plaintiff that the witnesses may be excluded under someone...
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Acts of the State of Ohio, Volume 48

Ohio - 1850 - 144 pages
...for whose immediate benefit such action is prosecuted or clude witne8i defended, nor to any assignee of a thing in action, assigned for the purpose of making him a witness. SEC. 4. This act shall take effect from and after the fi;st day of July next. BENJAMIN F. LEITER, Speaker...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...to the action, any person for whose immediate benefit it is prosecuted or defended, and an assignee of a thing in action, assigned for the purpose of making him a witness. These may still be disqualified by reason of interest. This exception extends to an adverse party called...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - 1852 - 576 pages
...responsible for the 399th section as amended by the Code of 1851. Under section 352 of the Code of 1848, the assignor of a thing in action, assigned for the purpose of making him a witness, was left to be disposed of by the rules of the common law. If interested, he must have been excluded,...
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