STATE TRUST COMPANY v. Toms

The record presents these questions:(1) When the original judgment roll has been lost or destroyed, is it permissible, by motion in the cause, to show that only a portion of the proceeding has been docketed and recorded and the contents of the missing portions?(2) If so, may the loss and contents of the missing portion be established by affidavits?(3) Is an order permitting a trustee to resign and appointing a successor void if the court does not compel the successor trustee to give the statutory bond?(4) Should movants be denied relief because of laches?

The evidence supports the finding of…