Digest of the Decisions of the Supreme Court of Minnesota : From Vol. I to Xvi, Inclusive
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510. Views and impressions of the court on matters of fact, cannot be allowed to take the place of the verdict of a jury, except in rtagrant cases. Derby & Day v.
OaUup, 5 Minn. 119.
511. Judicial notice of its records.
This case was before the court in 1860, and remanded to the District Court for a new trial. On being called for trial in that court, the plaintiff in error objected to its 350 PEACTICE.
trial on the ground that no judgment had been entered in this court, and the man- date was im...properly issued; hence, the cause was in this court, but offered no proof except such as appeared from the mandate of this court. The court overruled the ob- jection. HM, that the mandate did not show whether a judgment had been entered or not, but the presumption was that it was regularly issued, and as no other proof was offered, the objection was properly overruled ; and this court must act, in re- viewing the decision of the court below, upon what appears in the record brought up, and cannot take judicial notice of its own records — for that would be trying a question of fact.
What to read after Digest of the Decisions of the Supreme Court of Minnesota : From Vol. I to Xvi, Inclusive?
You can find similar books in the "Read Also" column, or choose other free books by Minnesota. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
510. Views and impressions of the court on matters of fact, cannot be allowed to take the place of the verdict of a jury, except in rtagrant cases. Derby & Day v.
OaUup, 5 Minn. 119.
511. Judicial notice of its records.
This case was before the court in 1860, and remanded to the District Court for a new trial. On being called for trial in that court, the plaintiff in error objected to its 350 PEACTICE.
trial on the ground that no judgment had been entered in this court, and the man- date was im...properly issued; hence, the cause was in this court, but offered no proof except such as appeared from the mandate of this court. The court overruled the ob- jection. HM, that the mandate did not show whether a judgment had been entered or not, but the presumption was that it was regularly issued, and as no other proof was offered, the objection was properly overruled ; and this court must act, in re- viewing the decision of the court below, upon what appears in the record brought up, and cannot take judicial notice of its own records — for that would be trying a question of fact.
What to read after Digest of the Decisions of the Supreme Court of Minnesota : From Vol. I to Xvi, Inclusive?
You can find similar books in the "Read Also" column, or choose other free books by Minnesota. Supreme Court to read onlineMoreLess
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