# Minardus v. Zapp

> Court of Appeals of Texas · January 5, 1938 · 112 S.W.2d 496

URL: https://www.frixlaw.com/law-library/cases/9828663

## Case

- **Full name:** Minardus v. Zapp.
- **Court:** Court of Appeals of Texas
- **Decided:** January 5, 1938
- **Citations:** 112 S.W.2d 496; 1938 Tex. App. LEXIS 749
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Blair
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9828663

## Opinion text

On Appellee’s Motion for Rehearing.
On rehearing appellee contends that we erred in holding the contract to repay the money by allottee was in violation of the President’s rules and regulations set out in Bulletin No. 3, as revised September 15, '1934, because same was not in evidence. Appellant pleaded some of the applicable provisions of said bulletin as set out in our opinion; and when he offered it and other later revisions of the bulletin in evidence appellee objected, and the court held that it must take judicial notice of all such bulletins; and, after having done so, the court held as a matter of law that the contract in question was not in violation of sttch rules and regulations. Since the court appears to have fully considered and construed the bulletin, the fact that it was not formally admitted in evidence is not material. It is here presented with the record.
It is generally held that state courts must take judicial knowledge of proclamations of the President making effective a federal statute; and of rules and regulations of federal boards and commissions. McCormick & Ray, Texas Law of Evidence, p. 142, § 84.
The motion will be overruled.
Overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9828663. Public record. Not legal advice.