Webb v. Kennedy
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the court of common pleas for Ramsey county; the action having been tried by the court without a jury. The case is stated in the opinion.
1Opinion of the Court
By the Court.
Berry, J.
Plaintiff seeks to recover, first, four dollars upon a quantum meruit, for the hire of a horse, let by him in his business as the keeper of a livery stable, to the defendant. The answer alleges that the hiring was upon the eighth day of October, 1871. As judicial notice is taken of the' course of the calendar, this is a sufficient allegation of the fad that the hiring was upon Sunday. Finney vs. Callendar, 8 Minn. 43 ; 1 Taylor on Evidence, § 14, and note 9.
The court below finds that the horse was hired “ on or about the eighth day of October, 1871,” and orders judgment…
2Cases cited3 opinions
- Dorr v. MickleySupreme Court of Minnesota · 1870
- Brimhall v. Van CampenSupreme Court of Minnesota · 1862
- Finney v. CallendarSupreme Court of Minnesota · 1862
3Cited by3 opinions
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Bank of Ada v. GulliksonSupreme Court of Minnesota · 1896
- Bartleson v. ThompsonSupreme Court of Minnesota · 1883