On Suggestion of Error

*691The appellee has filed a suggestion of error in which he insists that we erred in the holding’ that the court could not grant relief on the allegations of the bill without the aid of discovery. There was no copy of the insurance policy filed with the bill, nor did the bill allege the terms and conditions of the policy, but did allege that the policy was lost, and prayed for a discovery against the defendants as to the terms and conditions, etc., of the policy.

Section 734, Code of 1906 (Hemingway’s Code, section 517), provides:

“In actions founded on any writing, a copy of such writing, with…