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 2261850Affichage du livre entier - À propos de ce livre
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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