Chapman v. Chapman

Fish, O. J.

1. On the trial of an action brought to set asid'e a judgment of the court of ordinary, establishing, in lieu of the alleged lost originals, copies of the petition to probate a will in common form and the affidavit of a subscribing witness to such will proving the same, where the ground for setting aside the judgment was that no such petition and affidavit as were thereby established ever existed, it was error for the court to instruct the jury to the effect that before they would be authorized to render a verdict setting aside the judgment they should find that no original…