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formations for quo warranto;1 of proceedings for contempt;

ments which enter into the construction of the laws which govern it, and are matters of which the courts will take judicial notice. Stout v. Board of Commrs., 107 Ind. 343.

A complaint to forfeit the franchises of a gravel road company must state when or under what law the corporation was organized, as the court cannot judicially know, nor can it be presumed, that a private corporation was organized under a general law. Crawfordsville Turnpike Company v. Fletcher, 104 Ind. 97.

Notice to Take Depositions.-The supreme court takes judicial knowledge that a notice at Fort Wayne, served December 20th to take depositions at Topeka, Kansas, on the 26th of the same month gives sufficient time. Fitzpatrick v. Papa, 89 Ind. 17.

An indictment signed by a "special prosecuting' attorney is not subject to a motion to quash, or to a plea in abatement which does not deny the due appointment of such special prosecuting attorney; the court taking judicial cognizance of its officers and their signatures and official designations. Choen v. State, 85 Ind. 209.

Where the word "clerk" is added to the signature attached to the jurat of an affidavit in a criminal prosecution it will be held to be the signature of the clerk of that court, as the court will notice who are its own officers. Mountjoy v. State, 78 Ind. 172; Hipes v. State, 73 Ind. 39.

Habitual Intoxication.-The supreme court will take judicial knowledge that habitual intoxication incapacitates an administrator for the proper discharge of the duties of his trust. Gurley v. Butler, 83 Ind. 501.

1. An information of quo warranto, under the third clause of section 1131, Indiana, R. S. 1881, is sufficient if it appear therefrom that the defendants pretend to be organized as a corporation, and are exercising corporate powers, when they are not so organized as the law requires. State ex rel. v. Beck, SI Ind. 500.

Action of Board of Commissioners. An appeal lies from an order of the board of county commissioners dismissing a petition for the incorporation of a town; but, on the hearing of such petition, the board cannot take judicial cognizance of its own orders of judgment in a different case on the same

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subject. Grusenmeyer v. Logansport, 76 İnd.

549.
Judges of the
obtained a change

Courts. - Plaintiffs of venue in this case from the district court of Boone county to the district court of Story county, both counties being in the same judicial district. Afterwards, and after there had been a change of the district judge of that district, defendants moved for another change, on the ground of the prejudice of the judge, but they made no showing that the ground on which they asked the change did not exist when the first change was obtained as required by section 2951 of the Iowa code. But, held, that no such showing was necessary in this case, because, on account of the change of the judges, the alleged prejudice could not have existed when the first change was obtained, and the district court, and this court as well, will take judicial notice as to who are the judges of the various courts of the State and of their terms of office. Upton v. Paxton, 72 Iowa 295.

Reversal of Former Judgment.-The judgment appealed from in this case was based on a prior adjudication between the same parties which was pleaded and introduced in evidence while yet the right to appeal from the former judgment existed, but before it had been exercised. After the judgment herein had been rendered, an appeal was taken from the first judgment and that judgment was reversed in this court on the merits before the appeal in this case was decided, but after it was submitted. It thus appears to the court that, while the judgment in this case could not have been otherwise when it was rendered, it was nevertheless erroneous, because based on the former erroneous judgment. Held, that the judgment on this appeal should be reversed, and that in reversing it the court does not exceed its constitutional jurisdiction. In such case this court will take judicial notice of its own records, and of the fact that the former adjudication has been reversed; and the fact that the record submitted on the appeal of this case contained no evidence of the reversal of the former adjudication is immaterial. Poole v. Seney, 70 Iowa 275.

2. Former Orders-Contempt.-In a proceeding for contempt, the court will

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the terms of courts; of the statutory qualifications for a par

take judicial notice of its own orders in the matter out of which the contempt grew. Jordan 7. Circuit Court, 69 Iowa 177.

Records in a Distinct Case-Opinion.Where it appeared that the opinion of the supreme court in a different case was introduced in evidence on the trial in the court below, but was not set out in the abstract on appeal, held, that the supreme court cannot take judicial notice in one case of its records in a different case. Enix . Miller, 54 Iowa 551.

Nor will it take notice of what has transpired in another case between different parties. Baker v. Mygatt. 14 Iowa 131. And courts do not, in one case take judicial notice of the proceedings in other cases even though on their own records. Bond v. White, 24 Kan. 48.

For the purpose of construing a constitution or statute courts may take judicial knowledge of everything which may affect the validity or meaning of such constitution or statute. Topeka v. Gillett, 32 Kan. 431.

Municipality. In a case appealed from the police judge to the district court, the district court should take judicial notice of the incorporation of the city, and of the existence and substance of its ordinances. Solomon v. Hughes, 24 Kan. 211.

Statutes. It is not proper on the trial of a cause to introduce general statutes in evidence, as the court, without proof, will take judicial notice of the law. Topeka 7. Tuttle, 5 Kan. 312. The courts will take judicial notice, without proof, of all the laws of the State, and in doing so will take judicial notice of what the books of published laws contain, of what the legislative journals contain, and indeed of everything that is allowed to affect the validity or meaning of any law in any respect whatever. Division of Howard County, 15 Kan. 195...

Matters of Law and Fact.-The courts take notice judicially of matters of law, but not of matters of fact which consist wholly in pais. Notice will not be taken of legislation conferring lottery privileges, and if these privileges were to continue in existence until formally revoked; notice may be taken of the fact that there had been no legislative revocation. But where the privileges

were for the benefit of the city schools of Frankfort, and provide that the grant shall determine so soon as there is raised by lottery $100,000 whether that sum has been raised, and therefore whether the privileges are still in existence, are facts to be ascertained, and cannot be presumed to be within the knowledge of the courts. Commonwealth v. Bierman, 13 Bush (Ky.) 345.

1. Terms of Court. The court of appeals judicially knows that a term of the Hardin circuit court intervened between the August term, 1874, and the August term, 1875. Commonwealth v. Pritchett, 11 Bush (Ky.) 281.

Practice. In some instances courts will judicially notice the practice in regard to the trial of actions in other States. Stout . Ashton, 5 T. B. Mon. (Ky.) 252.

Citizenship.-Courts may know, judicially, that the Lexington manufacturing company must exist within this State; but cannot know judicially that its members are citizens. Lexing ton Mfg. Co. v. Dorn, 2 Litt. (Ky.) 257

By requiring the sheriff to execute the judgment at the time when he knew the sale could only be affected for confederate money, the plaintiff is presumed to have authorized the receipt of the unlawful currency; hence he cannot recover from the sheriff the amount bid. Spaulding & Rogers v. Walden, 23 La. An. 475.

Where a Deposition Belongs.-The supreme court will take judicial notice of the towns composing the different counties in this State, and the times when and the places where its sessions are appointed by law to be held; and where a deposition was taken within any county in the State, which, by its caption, is returnable before this court at a time and place appointed by law within such county, it will not presume that such deposition is, or may be, returnable before any other court in any other county and State, but the contrary. Kidder . Blaisdell, 45 Me. 461; Martin v. Martin, 51 Me. 366.

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ticular office;1 of bills of exception; 2 of the proper officer to

knowledge that the danger of a cloud upon title arising from an assessment which has been held void, is removed by a subsequent statute recognizing the invalidity of the assessment and providing for a reassessment. Byram v. Detroit, 50 Mich. 56.

United States Land Office.-Judicial notice may be taken of the general course of business in the Federal Land office, in that a purchase commonly precedes considerably the issuing of a patent. Fisher v. Hallock, 50 Mich. 463.

Strictly judicial powers can, in Michigan, be vested only in certain courts named in the constitution. The circuit courts have such powers; but the judges, out of court and merely as judges, cannot exercise them. Toledo etc. R. Co. v. Dunlap, 47 Mich. 456.

Policy of the registry laws is a legislative and not a judicial question. Drake v. McLean, 47 Mich. 102.

Carlisle Tables.-The Carlisle and other similar tables, offered for the purpose of showing the "expectation" or probable duration of life, are to be received (if at all) upon judicial notice of their genuineness and authoritativeness. No legal proof of genuineness or authoritativeness is required, but it is proper for the court to inform itself in the premises by reference to books or other sources of information. Such tables are not conclusive, but their value in a given case is largely analogical. They must speak for themselves and not by the mouth of a witness merely testifying to their contents. Scheffler v. Minneapolis etc. R. Co., 32 Minn. 518.

On a challenge to the panel of petit jurors the court will take judicial notice that the county auditor is ex officio clerk of the county commissioners. State v. Gut, 13 Minn. 341.

Court House.--The supreme court will take judicial notice of the manner in which a county court house is constructed. Golcher v. Brisbin, 20 Minn. 453

Former Appeal --An appellate court will take judicial notice of its own record on a former appeal. Dawson v. Dawson v. Dawson, 29 Mo. App. 521.

1. The statutory qualifications prescribed for street commissioner in the city of St. Louis will be judicially taken notice of by the courts. St. Louis v. Greely, 14 Mo. App. 578.

Population.

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Under the statute of this State the courts will take judicial notice that the city of Kansas City contains more than one hundred thousand inhabitants according to its last municipal census made in pursuance of such statute and an ordinance thereunder. State ex rel. v. Dolan, 93 Mo. 467.

Usages of Banks. -- Judicial notice must be taken of the ordinary rules and necessities of banking business. American Nat. Bank v. Bushey, 45 Mich. 135.

Nonresident Stockholders.-A Michigan court may well take notice judicially that the stock holders of the mining corporations of the State are nonresidents and beyond its jurisdiction for rendering personal judgments. Milroy v. Spurr Mining Co., 43 Mich. 231.

Knowledge of the Professions.--Courts have judicial knowledge of the general duties and character of the occupations classed as professions. Pennock . Fuller, 41 Mich. 153.

Filing of Answer.--Judgment by Default.-Where the object of filing an affidavit of default is merely to inform the court that no answer has been filed, of which the court is bound to take judicial notice, it is not error to order a judgment without the affidavit being filed. Leonard v. Woodward, 34 Mich. 514.

Insurance Risks.-Courts will take judicial cognizance that marine insurance risks in November are greater than those in June. Barry v. Boston Marine Ins. Co., 62 Mich. 424.

City Plats and Lands.-The supreme court of Michigan has no judicial knowledge of the contents of Detroit plats or the location of Detroit lands, except as identified or affected by legislation or other public action. Cicotte v. Anciaux, 53 Mich. 227.

Condition of the State.-Courts will take judicial notice of events constituting a part of the history of the State and the condition of things therein in time of war. Holmes v. Kring, 93 Mo. 452.

2. Bill of Exceptions--Terms of Court. This court cannot consider a bill of exceptions filed after the lapse of the term at which the motion for a new trial was disposed of, unless the record shows that the filing was with consent of the adverse party. To determine whether it was filed after the term, judicial notice will be taken of the

prefer an indictment; what is contraband of war;2 irregularities in office; 3

times fixed by law for holding court. State v. Broderick, 70 Mo. 622.

Legal Days.--Courts will take judicial notice of what are and what are not legal days. Schlingmann v. Fiedler, 3 Mo. App. 577

Constitutional Limits of County. Courts will take judicial notice not only of the boundaries of counties, but also whether or not an act of the legislature cutting off part of the county reduces it below its constitutional limits. Woods v. Henry, 55 Mo. 560.

Date of Decree.-Where a motion to set aside and modify an order has been made at the term at which the order sought to be modified was made, but no order is inade upon such motion until a subsequent term of the court, the appellate court will, although this last order does not appear on the record, take judicial notice of the date of the making of such order. Fredericks z. Davis, 6 Mont. 460.

Adjudication of Insolvency.-The district court is not bound to take judicial notice of the proceedings of the district court of another county; and a disregard of an adjudication of insolvency there made, even if properly proven, would amount to no more than error. State v. Fifth District Court, 18 Nev. 286.

Judgment Rendered on Election Day.The court will take judicial notice without proof of the fact that a judgment appealed from was rendered on election day. Rice v. Mead, 22 How. Pr. (N. Y.) 445.

1. Proper Officer to Prefer Indictments. The court takes judicial notice of the proper officer to prefer indictments; and when it appears that he intended to sign officially, will disregard the omission of any or the adding of an improper official designation. State v. Myers, 85 Tenn. 203.

Quære, whether this court will reverse for want of proof of the law of a sister State of the existence of which the court is authorized by statute to take judicial cognizance? Sherron v. Hall, 4 Lea (Tenn.) 498.

Officers-The Legislature.-This court will take judicial notice of the death of one of its clerks and appointment of another, as well as a change in the time of meeting of the legislature. Perkins v. Woodfolk, 8 Baxt. (Tenn.)411. Sale of a Railroad; Corporate Exist

ence.-The court while taking judicial notice of a statute authorizing the sale of a railroad, will not take such notice of the fact of sale; nor that the corporate existence of a company, whose charter has not expired by limitation, has ceased, or that the corporation has successors. Shea v. Knoxville etc. R. Co., 6 Baxt. (Tenn.) 277.

Appointment of Trustee. The court, while taking judicial notice of the act of 1866, requiring the president and directors of the bank of Tennessee to execute an assignment of its effects, could not judicially know that when this action was brought in 1866, the assignment had been made, and one Samuel Watson appointed trustee, and that he had accepted the trust, given bond, and been duly qualified. Topp v. Watson, 12 Heisk. (Tenn.) 411.

2. What is contraband of war is a question of which the court takes judicial knowledge as a question of law, and it is error to leave it to the jury as a question of fact. Elrod v. Alexander, 4 Heisk. (Tenn.) 342.

Military Occupation; National Jurisdiction in Certain Cases.-The court will take judicial notice that during the temporary occupation of the adjacent ground used by the United States forces while preparing cemetery ground, the jurisdiction was exclusive in the United States; so that the State could not punish a misdemeanor committed therein during such occupation. Wills v. State, 3 Heisk. (Tenn.) 141.

3. Irregularities in Office. A grant of land was delivered to Outlaw, its owner; the grant was certified upon the back to have been registered, and it is now to be declared invalid, in the hands of a third person, because it cannot be found on record in the secretary's office of North Carolina. It is known to everyone, that, during the time of the late secretary of North Carolina, great irregularities prevailed in that office, and the recording of the grant there might have been omitted. The true question here is, did the State of North Carolina execute the grant? It is obvious they did, for the court may judicially know the seal of that State. Ayers v. Stewart, 1 Over. (Tenn.) 221.

A Question of Citizenship. We may take judicial notice of the public and notorious acts which constituted a portion of the history of New Mexico dur

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the creation of trusts; the making of a tender in court;2 the

ing the past thirteen years, and in the midst of these the question of the retention of the character of Mexican citizenship has been exciting and disturbing. It is so now, and this fact imposes in the investigation of this question, on its legal merits, the greater labor and care. Held, that the court must judicially determine from all the facts and circumstances, whether a member of a grand jury, finding an indictment, was a citizen of the United States. Carter v. Territory 1 N. Mex. 317.

Pueblo Indian Title.-The court will take judicial notice of the history and status of the Pueblo Indians, and Indians, and of the title by which they hold their lands. United States v. Lucero, 1 N. Mex. 422.

Money Paid Into Court.-The court was charged with judicial knowledge of the deposit of money made in court and that it was subject to the lien of the attachments. Blum v. Stein, 68 Tex. 608. Judgment. When the proceedings, including a judgment, are conducted as part of the suit against the original defendant, against whom judgment has already been rendered, the fact that the judgment was against the original defendant need not be proved. The court will take judicial notice of that fact. Farrar v. Bates, 55 Tex. 193.

1. Identity of a Trust.-Where land was conveyed to a church elder in trust for his church, and the plaintiff claimed under a deed from the trustee, and the defendant under a deed purporting to be made by the trustees of the church, held, that the recital of the deed that the grantors were trustees of the church was no evidence of the fact against a party claiming in opposition to the deed; and if it was, and there was no connection shown between the church and the one for whose benefit the conveyance to the elder was made, the court could not judicially know that they were identical, even if the names were the same. Tapp v. Corey, 54 Tex.

594.

Special Statute.-The courts will not take judicial knowledge of the contents of a special act of the legislature providing for the issuance to an individual of a land certificate. Holmes v. Anderson, 59 Tex. 481.

Names of Gambling Games.-Courts take judicial notice that "rondo" is a gaming table within the meaning of 12 C. of L.-13

statutes against gaming; hence an indictment for betting money at a gambling device called rondo need not aver that rondo is a gaming table. Barker 7. State, 12 Tex. 273.

History. The court will take judicial notice of the history of the country in determining a question of laches. Magee v. Chadion, 30 Tex. 644.

Taxes.-Courts will take judicial knowledge that land is subject to taxes. Castro z. Murzbach, 13 Tex. 128.

Mules Are Domestic Animals.-In an indictment for feloniously injuring domestic animals it is unnecessary to allege that a mule is a domestic animal, as the court will take judicial notice that all mules in the State are domestic animals. State 7. Gould, 26 W. Va. 258.

Old and New Virginia. --The courts will take judicial notice of the fact that the northwestern bank of Virginia, was incorporated by a public act of the State of Virginia, prior to the foundation of the State of West Virginia, and falls within the provisions of the constitution of the latter, saving certain existing laws. N. W. Bank v. Machir, 18 W. Va. 271.

Signatures of Attorneys.-Courts will take judicial notice of the signatures of attorneys practicing therein. Strippelmann 7'. Clark, 11 Tex. 296.

History of Laws.--It is the duty of the court to know and follow the law existing in any part of the present limits of the State at the time and under which a title to land was acquired. State v. Sais, State v. Sais, 47 Tex. 309.

Legal Systems.-And to know that the civil code and the code practice of Louisiana are the law of that State. Watrous v. McGrew, 16 Tex. 506.

Acts of Congress; Treaties.--And to notice, judicially, acts of congress and public treaties. Jones v. Laney, 3 Tex. 342.

Bank Charters.--The court may judicially recognize, or inform itself as to the charter of the Farmers' Bank of Virginia, or other like banks and as to its organization and acceptance of a provision for the extension of its existence. Farmers' Bank v. Willis, 7 W. Va. 31.

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Interest need not be proved by a sworn witness, but the judge or the jury may compute it. Joint School Dist. No. 1 v. Lyford, 27 Wis. 506.

2. The court will take notice whether

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