...the states, statutes exist simply providing that no witness shall be excluded from testifying in a civil action because he is a party to, or interested in the issue to be tried, but it may be affirmed that these statutes do not change the common-law rule that husband...

...reading section 858, counsel for the defendants has taken the exception in the proviso for the rule. "In the courts of the United States no witness shall be excluded because he is u party." This is the rule with this proviso, Provided, That in actions by or against...

...be no exclusion of any witness on account of color. Mr BCCKAI.EW moved to add : Nor in civil actions because he Is a party to or interested in the issue tried. Which was agreed to ; and the amendment as amended was agreed to — yeas 22, nays 16, as follows :...

...partially by judicial construction. By congress, in July, 1864. (Rev. St. § 858,) it was enacted that "in the courts of the United States no witness shall...he is a party to or interested in the issue tried," with a proviso as to actions by and against executors, etc. And on March 16, 1878, it also passed an...

...is within the first clause of section 858, which provides that "no witness shall be excluded * * * in any civil action because he is a party to or interested in the issue tried." Within the meaning and object of the proviso, this is not an action by or against an administrator,...

...Revised Statutes of the United States, has enacted that there shall be no exclusion of any witness in a civil action because he Is a party to, or Interested In, the issue tried. But that clause has merely removed all disqualifications of witnesses for Interest, and doos uot affect...

...enacts that in courts of the United States there shall be no exclusion of any witness in civil actions, "because he is a party to or interested in the issue tried;" and the amendatory act SJof March 3, 1865, making certain exceptions to the rule, apply to • civil...

...Otto), 1. This rule is subject, however, to section 858 of the USR 8., which provides as follows : "In courts of the United States no witness shall be excluded...he is a party to or Interested in the issue tried. Prtiviiled, that in actions by or against executors, administrators, or guardians, in which judgment...

...witnesses depends upon the construction of section 858 of the Revised Statutes, which provides that " In the courts of the United States no witness shall...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...

...is within the first clause of section 858, which provides that "no witness shall be excluded * * * in any civil action because he is a party to or interested in the issue tried." Within the meaning and object of the proviso, this is not an action by or against an administrator,...