Trial hy record

A species of trial adopted for determining the existence or non-existence of a reconi. When a record is asserted bv one party to exist, and the opposite party denies its existence under the form of a traverse that there is no such record remaining in court as alleged, and issue is joined thereon, this is called an "issue of nul tiel record," and in such case the court awards a trial by inspection and examination of the record. Upon this the party affirming its existence is bound to produce it in court on a day given for the purpose, and, if he fnils to do so, judgment is given for his adversary.

Co. Litt. 117b, 260a; 3 Bl. Comm. 331.