Page:Federal Reporter, 1st Series, Volume 8.djvu/490

 e76 ibdebaIj beporteb. �upon whicb it would be necessary to take the verdict of a jury. The judgment of this court must, therefore, be for the relater, both on the answer of the board of auditors and the demarrer of the clerk. The writ will accordingly be directed to issue. ���ErcB V. Maetin & Claek and others, Intervenors. �(Circuit Court, D. Jfemda. Auguat 15, 1881.) �1. WlTNESS— OtHER PAUTT tO TRANSACTION DbaD. �Ail disqualifications on the ground of interest in the event of the suit are abolished by section 858 of th,e Revised Statutes, except only where an exeou- tor, administrator, or guardian is a party for or against ■whom judgment may be rendered, and it is sou^ht to prove, by one of the parties, some transaction with or Statement by the testator, intestate, or ward. �% PARTNBnSHrP. �Under the facts of this case, Tidd, that no partnership existed between Rice& Norton at the time this suit was commenced. �Suit in Equity. �Lewis & Deal, for plaintiff. �C. H. Belknap, for defendants. �C. S. Variran, for intervenors. �HiLLYEB, D. J. The plaintiff claims to have been a partner of B. B. Norton, in bis life-time, in a band of cattle known as the "Figure 2 cattle," and in a ranch known as the "Duck Fiat ranch." The main question is whether he was so or not. Incidental to this is a ques- tion of statutory construction, involving the law of Nevada, and sec- tion 858 of the Revised Statutes of the United States. ■ The question is whether Eice is a competent ^itness as to transactions between himself and Norton, Norton being dead. �Section 377 of the Praotice Act of Nevada abolishes all disquali- fications of a witness ■ "by reason of his interest in the event of the action or proceeding, as a party thereto, or otherwise. " 1 Comp. Laws, § 1438. And section 379 provides that "no person shall be allowed to testify under the provisions of section 877, when the other party to the transaction is dead." As amended, St. 1879, p. 49. �Section 858 of the Revised Statutes of the United States enacts that " in the courts of the United States no witness shall be excluded ested in the issue tried. » » * Jq ^ll 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 of the United States." ��� �
 * * * in any civil action because he is a party to or inter-