Opinion
June Term, 1806.
Plaintiff having lost the bond declared on after an appeal from the judgment of the County Court, is permitted to prove the contents thereof upon the trial in the Superior Court, and to recover a judgment without amending his declaration.
THIS was an action of debt brought in the County Court of Northampton, and the bond declared on was produced on the trial and the execution thereof duly proved. Verdict and judgment were rendered for the plaintiff, and the defendant appealed to the Superior Court of Law for Halifax District. Subsequent to the appeal and before the trial of the cause in the Superior Court, the bond declared on was lost. No application was made to the court to amend the declaration, and upon the trial in the Superior Court a question arose whether, as the declaration set forth a profert of the bond, the production of the bond could be dispensed with and the plaintiff be permitted to prove the contents thereof. The jury gave a verdict for the plaintiff, and upon a rule for a new trial, the case was sent to this Court.
From Halifax.
Let the rule for a new trial be discharged.