Rockhill v. Hanna

OPINION OP

The defendant prayed oyer of the bond, etc. But the court held that as the plaintiff was not in possession of the instrument, oyer could not be demanded. Parasset v. Gautier [Case No. 10,709], The action is not on the bond. No proferí is made of it. It is on file in the clerk’s office and recorded by him, and equally accessible by both parties. The court, therefore, held that the plaintiff was not bound to give oyer.