Finney v. Callendar
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE SCOTT COUNTY. Points and Authorities for Appellant. I. — The demurrer admits that the note sued upon was not made upon the 10th of October, but that it was made, executed and delivered on the 13th day of October, a. d., 1861. The Court will take judicial notice of the calendar time : the calendar is a part of the Common Law, and also of the Statute Law of the State. See Com.
Read the full summary
APPEAL PROM THE DISTRICT COURT OE SCOTT COUNTY. Points and Authorities for Appellant. I. — The demurrer admits that the note sued upon was not made upon the 10th of October, but that it was made, executed and delivered on the 13th day of October, a. d., 1861. The Court will take judicial notice of the calendar time : the calendar is a part of the Common Law, and also of the Statute Law of the State. See Com. Stat. chap. 96, sec. 19, p. 730. II. — The Court will, therefore, take judicial notice that the note upon which the action is brought, was made, executed and delivered on Sunday, October…
1Opinion of the Court
By the Cowrt
Emmett, C. J.
There are two questions presented by this record. Eirst, whether a note executed on *43Sunday is of any validity ; and, secondly, whether a Defend* ant sufficiently interposes such a defence by simply alleging in his answer that the note sued upon was not made on the 10th day of October, 1861, the day alleged in the complaint, but on the 13th of said month, which appears on examination to have been Sunday, although there is no allegation of that fact.
We had the first question under consideration in the case of Brimhall vs. Van Campen, ante p. 13, and came to the…
2Cited by1 opinion
- Webb v. KennedySupreme Court of Minnesota · 1874