Leigthy v. Murr

Defendant appeals from a verdict and judgment based on a destroyed negotiable promissory note. The case originated in the court of a justice of the peace.

*157Section 7416, Revised Statutes 1909, under the heading, “Justices’ Courts — Organization and Procedure,” is as follows:

“If any suit or set-off be founded upon any lost or destroyed instrument of writing, the party relying upon such' lost or destroyed instrument shall be required upon the trial or hearing of the cause to prove such loss or destruction, either by his own oath or by other competent testimony; and if upon such trial or hearing…