Rusca Cunningham v. Hammett

The Merits

This case was remanded to allow plaintiff opportunity to adduce proof of the contents of exhibit No. 2, referred to in our former opinion, which was lost or destroyed before the record was filed in this court. When plaintiff attempted to establish the contents of the lost document, as our decree expressly authorized, objection was made to the admissibility of proffered testimony on the ground that Act No. 57 of 1886 hacl not previously been complied with. That is, that a rule on defendant should have been taken to show cause why the contents of the lost exhibit should not be…