A Treatise on the Law of Evidence: Being a Consideration of the Nature and General Principles of Evidence, the Instruments of Evidence and the Rules Governing the Production, Delivery and Use of Evidence, ...

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Bobbs-Merrill, 1905
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Страница 527 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
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Страница 298 - It is not confined to ill-will towards one or more individual persons, but is intended to denote an action, flowing from any wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty, and fatally bent upon mischief.
Страница 534 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories, as the master shall direct.
Страница 534 - ... in the usual form, which may be issued by the clerk in blank and filled up by the party praying the same, or by the commissioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in court; and if any witness shall refuse to appear or give evidence it shall be deemed...
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Страница 527 - Statutes, which provides that "in the courts of the United States no witness shall be excluded in any action on account of color or in any civil action because he is a party to or interested in the issue tried : Provided, that in actions by or against executors, administrators or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator...
Страница 527 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
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