Ross v. Stockwell

Appellee in this cause files an application for a writ of certiorari, supported by affidavit. It appears, from the application and from the several affidavits filed in its support, and also from the affidavits filed by the appellant, who resists the granting of such writ, that the pleading, or that part of it which the appellee seeks to bring into the record by certiorari, is lost and is not now upon the files in the clerk’s office of Monroe county, Indiana.

We do not think appellee has proceeded properly in the matter. A lost pleading must, by order or leave of court under the proper…