adverse interest

An interest which displaces one's own interest in whole or in part. As used in a statute permitting a litigant to call and cross examine any person having an adverse interest in the outcome of the litigation, the term "adverse interest" is to be construed according to its common and accepted meaning, not as synonymous with "adverse testimony." 58 Am J1st Witn § 560. Under a statute which prohibits a party from testifying where the adverse party is a guardian, trustee, executor, or administrator, it is adverse interest which disqualifies a person as a witness, not merely his nominal status as plaintiff or defendant. 58 Am J1st Witn § 285. As used in a statute providing that accounts of executors and administrators settled in the absence of any person "adversely interested" and without notice to him may be opened upon his application, the term has been defined as meaning the situation of one who has some interest in the estate, that i is ' someone having such an interest as would entitle him to notice of the filing by the executor or administrator of a final report, together with a prayer for discharge. Re Holman, 216 Iowa 1186, 250 NW 498, 98 ALR 1363.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • adverse interest — A right or concern that s contrary to the interest or claim of another. An adverse interest in real property is a claim against the property, such as an easement. Category: Bankruptcy, Foreclosure & Debt Category: Business, LLCs & Corporations… …   Law dictionary

  • adverse interest — The adverse interest of a witness, so as to permit cross examination by the party calling him, must be so involved in the event of the suit that a legal right or liability will be acquired, lost, or materially affected by the judgment, and must… …   Black's law dictionary

  • adverse interest rule — Failure of a party to produce a witness who is within his power to produce and who would naturally have been produced by him, which failure permits inference that evidence of witness would be unfavorable to party s cause. New England Whalers… …   Black's law dictionary

  • adverse — ad·verse /ad vərs, ad ˌvərs/ adj: opposed to one s interests: operating to one s detriment an adverse verdict Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. adverse …   Law dictionary

  • Adverse — or adverse interest, in law, is anything that functions contrary to a party s interest. This word should not be confused with .Adverse witness and partyAn adverse witness is a witness whose testimony benefits an opposing party. Opposing parties… …   Wikipedia

  • adverse possession — see possession Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. adverse possession …   Law dictionary

  • interest — The most general term that can be employed to denote a right, claim, title, or legal share in something. In its application to real estate or things real, it is frequently used in connection with the terms estate, right, and title. More… …   Black's law dictionary

  • interest — A right in, or share of, something. Concern. The compensation allowed by law, or fixed by the parties, for the use, detention, or forbearance of money or its equivalent. 30 Am J Rev ed Int § 2. Compensation payable on a contractual basis or… …   Ballentine's law dictionary

  • adverse witness — A witness who gives evidence on a material matter prejudicial to the party then examining him. Commonly used to describe a witness whose testimony is prejudicial or unfavorable to the party who called him and as a result, such witness may be… …   Black's law dictionary

  • interest rate risk — ( IRR) The potential that changes in market rates of interest will reduce earnings and/or capital. The risk that changes in prevailing interest rates will adversely affect assets, liabilities, capital, income, and/or expense at different times or …   Financial and business terms

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