...is prohibited from testifying In his own favor in any case whatsoever, when the other original party to the contract or cause of action in issue and on trial is dead.' " In that case, as In the one before us, the cause of action was not founded on contract; and, in holdiug...

...entitle her heirs to recover her proportionate share thereof. 5. Rev. St. 181)9, § 4052, provides that, where one of the original parties to the contract or cause of action is dead, the other party shall not be permitted to testify in his own favor, or in favor of any party...

...contained in the proviso to the section above named — that, where one of the parties to the original contract or cause of action in issue and on trial Is dead, the other party is forbidden to testify. The objection seems to rest on the ground that the witness...

...note, comes through Yowler? The statute (section 4652, Rev. St. 1809) reads as follows: "In actions where one of the original parties to the contract or cause of actioit In Issue and on trial is dead • * » the other party to such contract or cause of action...

...plaintiff Mrs. O'Bryan was incompetent to testify in her own behalf was properly overruled. She was not one of the original parties to the contract or cause of action on trial. The original parties to that contract were Henry Bell and his son Noah D. Bell, both of whom...

...of his interest in the event of the same, as a party or otherwise: * * * provided, that, in actions where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party shall not be permitted to testify in his own...

...interest in the event of the same, as a party or otherwise: * * * provided, that, in actions w here one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party shall not be permitted to testify in his own...

...142 ; Lewis v. Weisenham, 1 Mo. App. 222 ; Kellog v. Malin, 62 Mo. 432. "The true distinction is that where one of the original parties to the contract or cause of action is dead, the other party to such contract or cause of action will not be permitted to testify to any...

...refused to allow the deputy to take a certain person as receiptor— the witness not being a party " to the contract or cause of action in issue and on trial," and the fact being but incidental and collateral thereto. Chaffee v. Hooper, 54 Vt. r>13. 18. An overseer...

...whose hand-writing his charges are and when made." Sess. Acts, 1887, p. 287. Harmon was not a party to the contract or cause of action in issue and on trial, and hence was a competent witness. Judgment reversed and cause remanded. The other judges concur. EMMA...