Hollister v. McCord
Hollister v. McCord
Opinion of the Court
It appears from the record that this action was commenced March 8, 1900, in the circuit court for
A jury being waived and trial had by the court of the issues so formed, at the close thereof the court found as matters of fact, in effect, that the McCord Lumbar Company was a Wisconsin corporation, as stated; that the summons and complaint were served upon Warren E. McCord personally, and also on him as president of the corporation, July 15, 1897; that on motion to dismiss the action in the federal court for want of jurisdiction, and after full hearing upon affidavits and counter affidavits, that court, in February, 1898, found against both defendants as to the law and the facts, and that that court had jurisdiction of both defendants; that the order or judgment entered thereon had never been1 reversed nor set aside; that the judgment was entered and affirmed, and the costs taxed, as stated; that the assignment from Doyle to the plaintiff was made, as stated; that such judgment was obtained, entered, and docketed In the United States court May 12, 1898, and that the legal rate of interest thereon since the date of such entry was and is seven per cent, per annum, and that no part thereof had been paid. And, as conclusions of. law, the court found that the federal court had jurisdiction of both defendants and the subject matter of the cause of action at all times during the pendency of that action in that court, and at the date of the entry of said judgment; that the defendants were and are indebted to the plaintiff herein on said judgment for the amount of damages mentioned, with costs and disbursements • as taxed, and interest at the rate of seven per cent, per annum, amounting in all, on October 17,1900, to $16,526.73, as damages. Judgment thereon was ordered accordingly. From the judgment so entered thereon for the amount of such damages, and $49.94 costs herein, as taxed, the defendants appeal.
THE GENEEAL STATUTES ■ OB' THE STATE OE MINNESOTA
As Amended by Subsequent Legislation, with which are Incorporated All General Laws of the State in Force December 31, 1894.
COMPILED AND EDITED BY
HENET E. WENZELL, Assisted by EUGENE F. LANE
WITH ANNOTATIONS BY
FEANOIS B. TIFFANY and Others
AND A GENERAL INDEX BY THE EDITORIAL STARE ¿E THE NATIONAL REPORTER SYSTEM.
COMPLETE IN TWO YOLUMES YOL. 1
Containing the Constitution oe the United States, the Ordinance oe 1187, the Organic Act, Act Authorizing a State Government, the State Constitution, the Act oe Admission into the Union, and Sections 1 to 4821 oe the General Statutes.
St. Paul, Minn. WEST PUBLISHING CO, 1894.
“ Legislative AuttioeizatioN.
“An act relating to the compilation of the General Laws of Minnesota by Ilenry B. Wenzell and others and to declare such compilation competent evidence of the law in all courts of this state.
“ Be it enacted by the legislature of the state of Minnesota:
“ Section 1. The General Laws of the State of Minnesota in force December thirty-first (31), one thousand eight hundred and ninety-four (1894) as compiled by Henry B. Wen-zell and others, and entitled the General Statutes of the State of Minnesota, are hereby declared competent evidence of the several acts and resolutions therein contained in all courts of this state without further proof or authentication, and shall be known and cited as ‘General Statutes 1894.’
“ Sec. 2. This act shall take effect and be in force from and after its passage.
“Approved February 26, 1895?
Counsel for the defendants make two objections to the judgment. One is in finding that the federal court had jurisdiction of the defendant corporation; and the other is in allowing interest at the rate of seven per cent, per annum upon that judgment. The only error assigned is in admitting in evidence the two volumes claimed to be the laws of the state of Minnesota. If those volumes were properly admitted in evidence, then it is conceded that the findings of the trial court are proper, both as to the rate of interest and the service of process and jurisdiction of the federal court. The only question calling for consideration, therefore, is whether such volumes were properly admitted in evidence. They were admitted in evidence by the trial
“If the printed statutes of another state or territory purport on their face to be published by the authority of such government, they are admissible in evidence without further proof, although such publication may appear to have been done by a private person under the authority of the lawmaking power of such government.” Falls v. U. S. S., L. & B. Co. 97 Ala. 417.
So, in Massachusetts, it has been held, that: “ A volume purporting to contain the laws of another state, with the words ‘ By authority ’ printed on the title page, sufficiently shows that it is printed by authority of the legislature of that state to warrant its admission in evidence under ” a statute similar to ours. Merrifield v. Robbins, 8 Gray, 150. To the same effect: Wilt v. Cutler, 38 Mich. 189; Paine v. L. E. & L. R. Co. 31 Ind. 283; Leach v. Linde, 70 Hun, 145, affirmed in 142 N. Y. 628; Congregational U. Soc. v. Hale, 29 App. Div. 396, 399. We must hold that the two volumes in question were properly admitted in evidence.
By the Gourt. — The judgment of the circuit court is affirmed.
Reference
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- Hollister v. McCord and another
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