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.) 
Tt will not ordinarily be necessary to present evi- 
dence of due care and diligence, and regularity of 
43 Greenleaf, Evidence, 79; 
Wharton, Criminal Law, 2434. 
