...an interest in the record for the purpose of evidence. "The true test of the interest of a witness is, that he will either gain or lose by the direct...not an interest uncertain, remote, or contingent." 3 A person having an interest only in the question, and not in the event of the suit, is a competent...

...as at common law would have disqualified him. As said in one case, " the test is, will the witness either gain or lose by the direct legal operation...evidence for or against him in some other .action." If the witness were permitted to testify to McAllister's promise to become surety, and judgment were...

...the meaning of section 829 of the Code of Civil Procedure. The true test of the interest of a witness is that he will either gain or lose by the direct...not an interest uncertain, remote, or contingent. 1 Greenleaf on Evidence, section 390. The judgment should be affirmed, with costs. CULLEN, CJ, and...

...Pac. Rep., 181.) Mr. Greenleaf, vol. 1, sec. 390, says that the true test of the interest of a witness is that he will either gain or lose by the direct...and not an interest uncertain, remote or contingent. Neither of these witnesses, as members of the church, had any vested or certain interest in the property....

...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,...

...test of the interest of a witness, under the provisions of section 829 of the Code of Civil Procedure, is that he will either gain or lose by the direct...and not an interest uncertain, remote or contingent. (Talbot v. Laubheim, 188 NY 421, 425, 426.) It is true, of course, that the witness Donley claims to...

...debtor ;"' and in section 390 the rule is stated as follows: "The true test of the interest of a witness is that he will either gain or lose by the direct...not an interest uncertain, remote, or contingent." We therefore conclude that her right to a reasonable compensation for her sen-ices was insufficient;...

...party. A witness may be directly interested in the event of the suit although not a party thereto, if he will either gain or lose by the direct legal operation and effect of judgment or if the record will be legal evidence for or against him in some other action. 3. SAME —...