"It would seem that a copy of a public record required by law to be kept is admissible when certified by thc custodian without being sworn to and without the testimony of witnesses that they have compared it with the original and found it to be a true copy." 10 R. C. L. 1104; Kellogg v. Finn, 22 S. D. 578, I19 N. W. 545.
"It is the rule that copies of certified or examined copies are clearly not admissible unless the original and first copy is lost or inexcessable and it is necessary to produce secondary evidence." State v. Kohn, 108 ia. 208; 78 N. W. 857; Goodrich v. Weston, 102 Mass. 362; 3 Am. Rep. 469.
An appellate court cannot say that rulings of the trial court sustaining objections to questions asked a witness were erroneous or prejudicial when no offer of proof was made. State v. Schoenberg, 24 N. D. 532; 140 N. W. 105; Railway Co. v. Lebeck, 32 N. D. 162; 155 N. W. 648.
"The offer of proof was inadmissible under the well settled rule that questions cannot be asked expert witnesses in such a way as to cover the very question to be found by the jury." Collins v. Ishman, 180 Ill. Apps. 655; People v. Lehr, 196 IlI. 361, 63 N. E. 725.
"It is improper to allow an expert to give his opinion on the ultimate fact to be determined by the jury." Read v. Land & Cattle Co., 66 Nebr. 423, 92 N. W. 622; Railway Co. v. Holmes, 68 Nebr. 826, 94 N. W. 1007; Railway Co. v. Sugar, 117 Ill. Apps. 578; Bettz v. Bettz, 113 Ia. III, 84 N. W. 975; Marshall v. Hanvey, 115 Ill. 318, 88 N. W. 801; Leslie v. Granite Co., 172 Mass. 468; 52 N. W. 542.
GRACE, J. This appeal is from a judgment in plaintiff's ,favor for $5,832. A statement of the material facts will lead to a clear understanding of the issues.
On November 8. 1917, the defendants purchased from W. H. Wal- ters, at Pipestone, Minn., 31 registered cows and 24 registered calves. The agreed purchase price was $6675. Of this amount the defendants paid $2,000 in cash at the time of the purchase, and after the cattle were shipped to North Dakota the defendants gave their note for $4.675. which was secured by a chattel mortgage on the above stock. The original number agreed to be purchased was 56 head, 32 cows, and 24 calves for $7,000, but before the sale was completed one cow died, and whole purchase price was reduced to $6,675.
Default was made in the terms and conditions of the mortgage, by
