RECITALS IN STATUTES — CONCLUSIVENESS.

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  5. RECITALS IN STATUTES — CONCLUSIVENESS.

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9-309. RECITALS IN STATUTES — CONCLUSIVENESS. The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further.

History:

[(9-309) C.C.P. 1881, sec. 909; R.S., R.C., & C.L., sec. 5972; C.S., sec. 7947; I.C.A., sec. 16-307.]


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