Horace Gray, Rogers v. Durant (106 U.S. 644…
“ The original papers presented to the referee would properly be returned with his report to the files of the court which appointed him. Yet no search appears to have been made in those files, nor any application presented to that court for the delivery of the drafts of the plaintiff or his attorney. The plaintiff, having made no inquiry in the place in which the drafts would be most likely to be found utterly fails in his attempt to prove their loss. There being no sufficient evidence of loss, there can be no doubt that the case is one within the exclusive jurisdiction of a court of law ”
