Holdridge v. Bailey

Citations

• 5 Scam. 124

Syllabus

<p>Appeal from LaSalle.</p> <p>1. Onus Frobandi — writing set out. Where a bill in chancery alleges the execution of a bond, which is the foundation of the suit, and the answer denies, or does not admit its execution, it is incumbent on the complainant to produce and file it as an exhibit in the cause, and prove its genuineness; or, if lost, make the necessary proof, by parol, of its genuineness and contents.</p> <p>2. Evidence — presumption as to record. It is true that exhibits, deeds, and other written instruments, relating to a cause in chancery, may be produced and proved viva voce, on the hearing, where the party using them has omitted to establish their genuineness before the officer taking the proofs. With this exception, the testimony in contested chancery cases, unlike the evidence in cases at law, is in writing, consisting of the depositions of the witnesses, and documentary evidence, and the presumption is, that all the testimony is inserted in the record, especially where the written testimony, which may be proved viva voce, is not placed on the files, (a) </p>