(B) Res gestae. Relation to issues in general, §§ 106-109. Facts forming part of transaction, § 110. Acts and statements accompanying transactions, §§ 111-119. Acts and statements of person injured, §§ 120-126. (C) Similar facts and transactions. Showing intent or motive, § 127. Showing value, §§ 128-130. (D) Materiality and competency. Admissibility of immaterial evidence in general, §§ 131, 132. Competency in general, §§ 133-135a. Testimony as to intent or motive, § 136. Testimony as to character or reputation, §§ 137, 138. Evidence admissible by reason of admission of similar evidence by adverse party, §§ 139-144. V. BEST AND SECONDARY EVIDENCE. Necessity and admissibility in general, §§ 145-150. What constitutes best evidence in general, §§ 152-157. Laws of other states, §§ 159, 160. Municipal ordinances, § 161. Ownership of property, § 162. Existence and contents of records, §§ 163-165. Contents of by-laws of corporation, § 166. Contents of notices, § 167. Deeds and conveyances, §§ 168-170. Contents of private memoranda and writings, §§ 171-176. Preliminaries to admission of secondary evidence. 200. Proof as to existence or availability of primary evidence, §§ 177 Demand or notice to produce primary evidence, §§ 201, 202. VI. DEMONSTRATIVE EVIDENCE. In general, § 203. Exhibition of person to jury, §§ 204-207. Experiments, § 208. Writings submitted for comparison, §§ 209-212. VII. ADMISSIONS. (A) Nature and incidents in general. Pleadings, §§ 213-222. Testimony at former trial, § 223. Offer of compromise and settlement, §§ 224, 225. (B) By parties or others interested in event. (C) By grantors, former owners or privies. Disparagement of title in general, §§ 234-238. Nature and validity of conveyance, §§ 239-243. (D) By agents or other representatives. Husband or wife, § 251. Conspirators and persons acting together, §§ 252-255. (E) Proof and effect. Laying foundation for impeachment of testimony of party, § 256. Conclusiveness and effect, § 259. VIII. DECLARATIONS. Discretion of court, § 260. Part of conversation, § 261. Self-serving declarations, §§ 262-266. Declarations of person in possession of property, §§ 267, 268. Declarations by decedents against interest, §§ 272, 273. IX. HEARSAY. Admissibility in general, §§ 274-276. What constitutes hearsay, §§ 277-283. X. DOCUMENTARY EVIDENCE. (A) Public or official acts, proceedings and records. Records of official acts and proceedings, $§ 296-298. Records of conveyances, §§ 310, 311. (C) Private writings, and publications. Books of account, §§ 312-318. Conveyances and contracts, §§ 319-326. Private memoranda and statements, §§ 327-332. Letters, §§ 333, 334. Photographs, §§ 335-338. Mortality tables and tables of expectancy of life, §§ 339-346. Statutes and law books, § 347. Scientific and technical works, §§ 348, 349. Market reports, § 350. (D) Production, authentication, and effect. Inspection by adverse party, § 351. Preliminary evidence for authentication, § 352. Official records, §§ 353, 354. Corporate records, § 355. Execution of instruments in general, §§ 356-361. Deeds, mortgages, and leases, §§ 362-365. Wills and testaments, § 366. Telegrams and letters, §§ 367-373. Books of account, §§ 374-381. Memoranda and statements, §§ 382, 383. Law books and statutes, §§ 384-386. Necessity of revenue stamp, §§ 387, 388. XI. PAROL OR EXTRINSIC EVIDENCE AFFECTING WRITINGS. Election returns, § 393. Contracts in general, §§ 394-400. Evidence of prior or contemporaneous oral agreement in general, §§ 401 410. Conveyances, $$ 411-416. Bills and notes, §§ 417-422. Indorsement, §§ 429-437. Guaranty, §§ 338, 439. Insurance contracts, §§ 440, 441. Nature of consideration, §§ 445-451. Effect of writing as to third persons, §§ 452-457. (B) Invalidating written instrument. Want of consideration, § 458. Usury, §§ 459, 460. Fraud, §§ 461, 462. (C) Separate or subsequent oral agreement. Prior or contemporaneous collateral agreement, §§ 463-469. (D) Construction or application of language of written instrument. Identification of subject matter, 483-487. XII. OPINION EVIDENCE. (A) Conclusions and opinions of witnesses in general. Conclusions and matters of opinion or facts, §§ 488-500. Inferences from collective facts, §§ 502-505. Matters directly in issue, $$ 506-508. Special knowledge as to subject matter, § 509. Personal conduct, § 510. Cause and effect, §§ 511-513. Bodily appearance or condition, §§ 514, 515. Mental condition or capacity, §§ 516-520. Handwriting, § 521. Rate of speed, §§ 522-526. Quantity, §§ 527, 528. Boundaries, §§ 529, 530. Value, $$ 531-537. Damages, $$ 538-546a. Depreciation in value, § 547. Value before and after injury complained of, §§ 548-549. (B) Subjects of expert testimony. Matters of opinion or facts, §§ 550, 551. Matters of common knowledge, §§ 552, 553. Matters involving special knowledge or skill, §§ 554-558. Matters directly in issue, §§ 559, 560. Laws of other states, §§ 561, 562. Date of writing, § 563. Result of examination of accounts, §§ 564, 565. Customs or usage, § 566. Amount of profits, § 567. Damages, $ 568. (C) Competency of experts. In general, §§ 569, 570. Discretion of court, §§ 571, 572. Accounts and book entries, § 573. Machinery and mechanical devices and construction, §§ 574-576. Obstetrics, § 577. Value, §§ 578-596. Quality, § 597. Handwriting, § 597a. Preliminary evidence as to competency, § 598-603. (D) Examination of experts. Laying foundation, § 604. Hypothetical question, §§ 605-615. Facts forming basis of opinion, §§ 616, 617. (E) Comparison of handwriting. In general, §§ 620-622. (F) Proof and effect. Conclusiveness and effect, §§ 623-625. XIII. EVIDENCE AT FORMER TRIAL OR IN OTHER PROCEEDING. Stipulation for use, $$ 628, 629. Death of witness, § 630. Absence of witness, $$ 631-633. Preliminary evidence, $$ 634-636. XIV. WEIGHT AND SUFFICIENCY. Weight and conclusiveness in general, §§ 640-645. Evidence at former trial, §§ 648. Admissions in pleadings, § 649. Parol or record evidence, § 650. Failure of proof, § 651. Uncontroverted evidence, § 652. Conclusiveness of evidence on party introducing it, § 653. CROSS-REFERENCES. Evidence as to particular matters and par- Admissibility of certificate of acknowledg- Use of affidavit in evidence, see Affidavits, Harmless error in admission of evidence, Objection to evidence to present question Admissibility of facts an absent witness Evidence in criminal prosecution, see Use of depositions, see Depositions. Admissibility under contract within statute Evidence of establishment of public road Examination of witnesses, see Witnesses, III. Proving contract for sale of land by letter, Competency of proof of stipulation, see Re-examination of witness, see Witnesses. Cross-examination of witnesses, see Wit Qualifications and competency of witnesses, Admissibility of confidential and privi- Necessity of introduction of evidence Objections to admission of evidence, see I. JUDICIAL NOTICE. Judicial notice by supreme court of records of district court, see Appeal and Error, § 761. Submission to jury of fact judicially noticed, see Trial, § 348. Matters of common knowledge. 1. (1892.) Courts will take notice, without proof, of events which are generally known within the limits of their jurisdiction. This will include changes in the office of the chief executive and such acts of public and general interest as may be said to be conspicuous events in the history of the state. State, ex rel. Thayer, v. Boyd, 34 Neb. 435 (51 N. W. 964). 2. (1901.) In the construction of a statute, courts will take judicial notice of events which are generally known, and matters of common knowledge within the limits of their jurisdiction. Redell v. Moores, 63 Neb. 219 (88 N. W. 243; 93 Am. St. Rep. 431; 55 L. R. A. 740). 3. (1902.) The rule that a court can take judicial notice that goods are of some value, should not be extended beyond such articles of personal property as are familiar to persons generally. Punteney-Mitchell Mfg. Co. v. Northwall Co., 66 Neb. 5 (91 N. W. 863). 4. (1906.) Courts will take judicial notice of the changed conditions during the past thirty-eight years as affecting the values of real estate, and of the probability that during that time many witnesses who were of mature years and discerning judgment in the year 1865 have either died or permitted the ordinary events of that period to pass from their memory. Hawley v. Van Lanken, 75 Neb. 597 (106 N. W. 456). 5. (1906.) Courts will consider that money is always in the market and may be had upon real estate security at a reasonable rate of interest. Bahr v. Manke, 77 Neb. 552 (110 N. W. 300). Scientific facts. 6. (1901.) Courts do not take judicial rotice of the fact that the possible period of gestation exceeds ten calendar months. Erickson v. Schmill, 62 Neb. 368 (87 N. W. 166). Intoxicating effect of liquors. 7. (1901.) Courts will take judicial notice that whiskey and beer are intoxicating. Peterson v. State, 63 Neb. 251 (88 N. W. 549); (1902) Sothman v. State, 66 Neb. 302 (92 N. W. 303). Phenomena of animal and vegetable life. 8. (1902.) Courts will take judicial cognizance of the fact that in this latitude potatoes, sugar beets and turnips are not spontaneous products of the soil. Meyers v. Menter, 63 Neb. 427 (88 N. W. 662). Geographical facts. 9. (1883.) Judicial notice will not be taken of the incorrectness of the government surveys of an Indian reservation, although the court as individuals, may believe it incorrect. Minkler v. State, 14 Neb. 181 (15 N. W. 330). 10. (1887.) The court will take judicial notice that Sioux county, as it existed at the time of this trial, was directly north of Cheyenne county. Ex parte Carr, 22 Neb. 535 (35 N. W. 409). 11. The court will take judicial notice of the population of a certain city and of the class to which it belongs. (1888) State, ex rel. Grosshans, v. Gray, 23 Neb. 365 (36 N. W. 577); (1893) Brown v. Lutz, 36 Neb. 527 (54 N. W. 860). 12. (1892.) The courts of this state take judicial notice of the mode of the general government of surveying public land and that there is but one meridian line in this state. Devine v. Burleson, 35 Neb. 238 (52 N. W. 1112). 13. (1895.) Courts take notice, without proof, that the Republican river is unnavigable Clark v. Cambridge & Arapahoe Irrigation & Improvement Co., 45 Neb. 798 (64 N. W. 239). 14. (1896.) The supreme court will take judicial notice of the boundaries of a judicial district and of the counties therein. Chicago, B. & Q. R. Co. v. Hyatt, 48 Neb. 161 (67 N. W. 8). 15. (1899.) Courts will not take judicial notice that certain land is arid and, for agricultural purposes, requires irrigation. Slattery v. Harley, 58 Neb. 575 (79 N. W. 151). 16. (1900.) Courts of this state will take judicial notice of the fact that the city of Omaha is situated in Douglas county. Green v. Paul, 60 Neb. 7 (82 N. W. 98). Historical facts. 17, (1900.) Courts will take judicial cognizance of the political history of the state. Porter v. Flick, 60 Neb. 773 (84 N. W. 262). Laws of the state. 18. (1878.) The supreme court will take judicial notice of the public laws of its |