Misstatement of Agent in Application Without Knowledge of Insured
Carl R. Bullock · The Knowledge Bank (The Ohio State University) · 1936
States Supreme Court, which, in reviewing cases from a state court, takes judicial notice of everything that a state court would notice.Hanley v. Donoghue, n16 U.S. 1, 6 S. Ct. 242, 29 Law Ed. 535 (1885).It must be admitted, however, that it may be a more difficult matter for a court to find an ordinance not contained in the record than it is for the Federal Court to ascertain the statutes of the various states.It would seem that the view of the jurisdictions refusing to take judicial notice is based largely on an argument of convenience, the saving of time and labor of the court that would be required in a search for the ordinance.The contrary view has certain logical support in holding that a reviewing court will notice a municipal ordinance if the trial court was compelled to do so.It is submitted, that the principal case, in following the latter view, reached the more desirable result.