The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 39
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ... by their use." In Collier v. Nokea, 2 C. & K. 1012 the court held that although they would take judicial notice of days, they would not of hours, as of the hour of sunrise or sunset. In Allman v. Owen, 31 Ala. 167, it was held that courts will judicially take cognizance of the coincidence of days of the month with days of the week, as disclosed by the almanac. Wharton says (Ev., 5282) that a judge " may refer to almanacs," So says Best. Now if the judge may turn to an almanac to satisfy hinself when thesun set on aparticular day, why may not the almanac be put in evidence to satisfy the jury of the same fact? In Sisson v. Cleveland, eta, R. Co., 14 Mich. 497, it was held, COOLEY, J., giving the opinion, that newspaper reports of the state of the markets are receivable in evidence. The learned judge remarked: " Courts would justly be the subject of ridicule if they should deliberately shut their eyes to the sources of information which the rest of the world relies upon, and demand evidence of a less certain and satisfactory character. The reason in favor of the mathematical demonstrations recorded in the almanacs is much stronger than that in favor of the comparatively inexact and discordant reports of newspapers, dependent solely on hearsay." In speaking of books of exact science, Wharton says (Ev., I M7): " The books containing such processes, if duly sworn to by the persons by whom they are made, are the best evidences that can be produced in that particular line. When the authors of such books cannot be reached, the next best authentication of the books is to show that they have been accepted as authoritative by those dealing in business with the particular subject." In Mmvis v....
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- 13 Sep 2013
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