Southern Fertilizer & Chemical Co. v. Kirby

1. Copies of lost papers belonging to or pertaining to a suit pending in court may be established instanter on motion; and it. is not indispensably essential to the validity of an order of court establishing lost papers that a formal rule nisi should issue, or that the opposite party should be served with notice of the proceeding. Gray v. McNeal, 12 Ga. 424 (7); Watson v. Hemphill, 99 Ga. 121 (25 S. E. 262); Code of 1933, §§ 63-201, 63-301.

2. In the absence of the issuance of a rule nisi or perfection of service of a motion or petition to establish lost papers,, the papers which are…