COMPENSATION 113 



discussed. To show the liability of the defendant 

 it will be necessary to produce evidence of some 

 act of the defendant, or of his representative, 

 which demonstrates that the service was rendered 

 with the knowledge and concurrence of the de- 

 fendant. 



In the statement of the case the veterinarian 

 should begin with the declaration that he is a vet- 

 erinarian (holding the required license, or duly 

 registered, if either be required by law), of legal 

 competence in the practice of his profession, re- 

 siding, and doing business at a certain place, and 

 that on certain dates specified he rendered certain 

 specified services for the account of the defendant, 

 and that for said services he demands payment of 

 a certain reasonable sum of money, specified. Ordi- 

 narily the court will take judicial notice of the fact 

 that the veterinarian is of legal standing as such ; 

 that is, no proof of these points will be required. 

 If the defendant raises this point, in argument why 

 the court should so take judicial notice attention 

 should be brought to the fact that by his employ- 

 ment of the plaintiff (the veterinarian), the de- 

 fendant is estopped from raising this objection, 

 unless he presents evidence which would convince 

 the court that the plaintiff is not legally qualified 

 as a veterinarian. When such evidence is pre- 

 sented it must be combatted with positive evi- 

 dence, and where a license is required the license 

 itself must be produced.^^ (§37.) 



It will not ordinarily be necessary to present evi- 

 dence of due care and diligence, and regularity of 



*3 Greenleaf , Evidence, 79 ; 

 Wharton, Criminal Law, 2434. 



