Quarles v. Hiern

Citations

• 70 Miss. 259

Syllabus

<p>Appeal. Supreme court. Loss of papero by appellee. New trial.</p> <p>Where an appeal is perfected, on showing by affidavit that a transcript of the record cannot be had because of the loss or destruction of the original papers by appellee’s fault, the court will grant a rule on him to show cause why there shall not be a reversal; and, if it appears that the papers have been lost or destroyed, so that the merits cannot be known, the court will reverse, that there may be a new trial.</p>