Haney v. McClure
Court of Appeals of Kentucky
Case 22 — PETITION EQUITY — APPEAL PROM ROWAN CIRCUIT COURT. The only authority for supplying lost records is in chapter 72, General Statutes. The party seeking to supply such record must make affidavit that there is no authenticated copy of the record in. existence known to him.
1Opinion of the CourtChief Justice Lewis
The papers and records of this case having, in November, 1880, been destroyed by fire, the commissioner-appointed to take evidence relative thereto, at the-April term, 1881, of the court where the action was. pending, filed a report in which it was stated the attorney for the plaintiff presented substitutes for the petition and answer filed in 1868, and the judgment, rendered in 1869, and testified they were correct copies, of the originals which had been burned. The deposition of the clerk of the court was taken, wherein he testified the petition and judgment were correctly copied. The…
2Cited by1 opinion
- Mayo v. EmeryCourt of Appeals of Kentucky · 1898