
    No. 7358.
    Wallace & Handlin vs. W. S. Calhoun et al.
    Where a court-house has been burnt, and with it the original petition, citation, and sheriff’s return of a suit therein filed, the plaintiff may draft another petition containing in substance the allegations of the burnt petition, and the citation and the fact of service and the date thereof or thereabouts, and may take a rule on the defendant to shew cause why the same shall not stand in lieu of the original papers.
    But where no rule has been taken, and no service of this substitute-petition has been made, but it has been merely filed, and amotion made in term, without service or notice, that such substitute shall stand in lieu of the original, it must be refused.
    Appeal from the District Court for Grant. Ware, J. ad hoc.
    
    
      Handlin and W. S. Richardson for Plaintiffs Appellants. Gaza-bat and F. W. Baker for Defendants.
    The Court House of Grant Parish was burnt in June, 1878. This suit was filed before the passage of the Act of the General Assembly providing for the re-establishment of the burnt records of that parish. The attempt to re-establish this burnt record, was therefore quite independent of the legislative permission, and was approved by the court, but failed for want of preliminary service.
   Marr, J.,

rendered the opinion affirming the judgment with reservation of the plaintiffs’ right to proceed anew.  