Substitution of Lost, etc., Papers or Records in Civil Cases - Inherent Power of Courts.

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Section 12-20-26

Substitution of lost, etc., papers or records in civil cases - Inherent power of courts.

All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted paper or record is of equal validity with the original.

(Code 1867, §§648, 649; Code 1876, §555; Code 1886, §656; Code 1896, §2647; Code 1907, §5739; Code 1923, §10132; Code 1940, T. 7, §8.)


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