Trice v. Adams

1. “A copy of a lost paper may be established in lieu of a lost original under the provisions” of sections 5314 to 5317 inclusive, 5319 and 5320 of the Civil Code (1910; acts 1855-6, p. 239), “and the copy thus established may thereafter afford a basis for an action at law. This procedure, however, is merely cumulative, and not exclusive of the right of the owner or holder of a lost paper to sue upon a copy of it, and prove the existence of the lost original if it is disputed. 4 A lost instrument may be sued on; and if a plea of non est factum is filed, the same may be met by the proof that…