Brimhall v. Van Campen
Supreme Court of Minnesota
APPEAL PROM THE! DISTRICT COURT OE RAMSEY COUNTY. Tbe following is tbe report of tbe facts and conclusions of law, as found by James Smith, jr., referee in this cause : That tbe undersigned baying been duly sworn as sucb referee, was duly attended by tbe said parties and tbeir respective attorneys, wbo appeared before bim from time to time; that be bas beard tbe proofs and allegations of tbe respective parties and arguments of counsel, and that having duly considered tbe…
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APPEAL PROM THE! DISTRICT COURT OE RAMSEY COUNTY. Tbe following is tbe report of tbe facts and conclusions of law, as found by James Smith, jr., referee in this cause : That tbe undersigned baying been duly sworn as sucb referee, was duly attended by tbe said parties and tbeir respective attorneys, wbo appeared before bim from time to time; that be bas beard tbe proofs and allegations of tbe respective parties and arguments of counsel, and that having duly considered tbe same be finds, decides and reports as follows, viz.: I find for and as matters of fact that tbe Defendant made tbe said…
1Opinion of the Court
By ihe Court
Elandrau, J.
The referee finds as a matter,of fact that the note upon which this action is founded was made in the State of New York, and that it was executed on Sunday. He does not find, as a further fact, what the law of New York upon the subject of contracts executed upon the Lord’s Day is, or whether it in any way differs from our own-The statute and common law of our sister States are facts to be proved, as any other facts in a cause, by the party who seeks to take advantage of any difference that may exist between such laws and our own. Our courts can take judicial notice of…
2Cited by13 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- State v. LudwigSupreme Court of Minnesota · 1875
- Pattillo v. AlexanderSupreme Court of Georgia · 1895
- Gunderson v. GundersonWashington Supreme Court · 1901
- Finley v. QuirkSupreme Court of Minnesota · 1864
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