The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Volume 1

Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds

F.S. Drake, 1920 - Civil procedure

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Table of Contents

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PART ONETHE JUDICATURE	1

12019	8

12029 Prescribe Rules for Practice in Circuit Courts	12

Of the State Reporter	18

12057	24

12062 May Practice in Every Court in the State	28

12067 Penalty for Misrepresentation	30

12069 Guilty of Deception	31

12891 Survey	629

12893 House on Leased Land	630

12896 Sale of Premises	631

12898 Notice of Levy to be Filed With Register of Deeds	635

12899 When Lien of Levy to Cease	637

Manner of Selling Real Estate 12900 Giving Notice of Sale	638

12901 Description of Real Estate	639

12904 Removal or Defacement of Notice	640

12070 Wilfully Delays Clients Suit	32

12073 Penalty for Buying Claims	33

Proceedings by Defendant 12075 Notice of Defense	34

12078 EvidenceAdmissible on Criminal Prosecution	35

AttorneysActs Prohibited 12080 Bail or Security in Criminal Cases	36

CHAPTER II	38

12084 The Second Circuit	39

12090 The Eighth Circuit	40

12097 The Fifteenth Circuit	41

12127 Number of Judges in Judicial Circuit in Which Saginaw	47

12139 State of Proceedings	52

12154	58

12171 Circuit Court Commissioner Cannot Order Stay of Pro	62

12175 Commissioner Incompetent to Act When Partner Inter	63

12187	69

12198 The Names Placed in Packages to Be Destroyed	76

12211 Proceedings in Case of Deficiency of Names	82

12215 Persons Summoned if They Neglect to AttendSub	84

CHAPTER III	91

12238 Judge to Have Possession of Seal Books and Papers	97

Of Probate Registers 12241 Appointment of Registers	99

12242 Appointment of Deputy Registers	101

12243 Appointment of Stenographers	102

12246 Probate Judge and Official to Receive No Compensa tion	103

CHAPTER IV	104

12251 New Seal to be Paid for by County	105

12253 Power to Exclude Minors	106

12255 Judge not to Sit in Certain Cases	107

12257 Partners of Judge Not to Practice Before Him	108

12261 Every Person of Full Age and Sound Mind May Be His Own Attorney	109

12263 Subsequent Order Void	110

12266 Subpoena Witnesses	111

CHAPTER V	112

12269 Punishment for Contempt When Summarily	117

12270 Proceedings for Punishment for Contempt When Not Committed in Presence of Court	118

12272 Order to Show Cause	119

12274 Habeas Corpus May be Awarded	120

12278 Penalty to be Directed by Single Judge	121

12281 Discharge to be Made Only on Order of Court	122

12285 Arresting and Keeping of Defendant	123

12288 Punishment of Accused	124

12289 Time of Imprisonment	125

12291 Persons Subject to Indictment	126

12294 Measure of Damages	127

12297 Securities Insufficient	128

CHAPTER VI	129

12300 Circuit Courts to be Courts of Chancery	131

12302 Jurisdiction in Chancery	132

CHAPTER VII	145

12305 Appointment of Temporary Place by Judge Under Cer tain Circumstances	146

12306 Appointment of Such Order Made by an Order in Writ ing	147

12308 Continuance Until Next Term	148

CHAPTER VIII	149

12310 Joint Several Actions	150

CHAPTER IX	151

12312 Right Accrues to Ancestor	162

12313 Period When Right of Entry Accrues	163

12314 Presumption as to Possession	164

12315 Disability	165

12317 No Allowance of Time for Disability of Other Persons	166

12320 Action Abated by Death of Any Party	167

12322 Foreclosure of Mortgage	169

Limitation of Personal Actions 12323 Period Within Which to Bring Personal Actions	170

12324 Accounts Current	176

12325 Disability	177

12327 Absence of Defendant from State	178

12328 Death of Party	179

12329 Abatement of Action	181

12330 Fraudulent Concealment	181

12331 New Promise to be in Writing	183

12332 Promise by One Joint Contractor	184

12333 Proceedings in Action Against Joint Contractor	185

12336 Joint Contractors	187

12337 Bar of SetOffs	188

CHAPTER X	190

12341 Courts May Change Venue	196

12342 Transfer of Causes	197

12343 Application for Transfer	199

12344 Hearing	200

12346 Determination of Court for Trial	201

12348 Clerk to Transfer Papers and Copies of Record	202

CHAPTER XI	203

12351 Transfer of Suits and Actions to Proper Side of Court	210

CHAPTER XII	211

12354 Actions in Corporate Name	215

12355 Limited Partnership	216

12357 Married Women May Sue and Be Sued as if Sole	219

12360 Superintendent of Poor	220

12363 Unincorporated Voluntary Associations	221

12364 NonJoinder and MisJoinder	222

12365 Change in Parties Not to Impair Actions on Bonds	223

12367 Rights of Party to Note or Bill	224

12369 Foreign Corporations	225

12371 Unknown Persons to be Made Defendants	226

12372 Proceedings to be Began by Whom	227

12373 Suits to Quiet Title	228

12374 Corporations or Partnership Associations as Defend ants	229

12376 Subsequent Proceedings	230

12378 Decree	231

12379 Persons Who Are Incompetent May Sue	232

12380 Appointment of Next Friend	233

12381 Appointment of Guardian Ad Litem for Incompetent Persons	234

12382 Action Prosecuted or Defended by Guardian	235

12384 Abatement of Cause	237

12385 Causes Not Permitted to Abate	238

12387 Cause Jointly Prosecuted or Defended by Personal Representatives	240

12389 Service of Order	241

12392 Procedure Against Survivor	242

12396 Prosecution Against Surviving Defendants	243

12399 Death of One of Several Defendants	244

12402 Death of Defendant in Cause Not Surviving	245

COMMENCEMENT OF SUITS AND SERVICE OF PROCESS 12404 Commencement of Suits and Service of Process	246

12406 Commencement of Personal Actions by Summons or Capias	247

12407 Commencement of Action	248

12408 Commencement of Chancery Suits	249

12409 Service of Bill or Declaration With Process	250

12410 Actions of Ejectment Replevin Attachment and Special Proceedings	251

12412 Service of Copy of Bond	252

Of Capias ad Respondendum 12414 Commencement of Personal Action by Capias	253

12415 Claims for Damages	254

12416 Order for Bail	255

12417 Service of Capias by Whom	256

12418 Discharge from Arrest	257

12420 Fictitious Names	258

12424 Service of Summons	259

12426 Appointment of Person for Service	261

12428 Service Not to be Made on First Day of Week	262

12431 Service Upon Great Lakes	265

How Service of Process May be Made 12432 Service Upon Corporation	266

12433 Service of Railway Company	268

12434 Service Upon Foreign Corporations	269

12437 Service in Duplicate	270

12439 Service Upon Corporations Not Doing Business	272

12441 Return of Process	273

12442 Service at Expiration of Term of Office	274

12443 Exemption from Arrest	275

12447 Arrest Absolutely Void	276

12448 Affidavit of Person Arrested	277

12450 Publication of Order for Appearance	280

12451 Extension of Time for Appearance	281

CHAPTER XIV	282

12455 Entitling	283

12457 Service of Copies of Pleadings	285

12458 Waiver of Answer on Oath	286

12459 Averment of Incorporation	287

12461 In Certain Cases Plaintiff May Declare on Money Counts Alone	288

12463 General Issue	289

12464 Notice of Special Matter of Defense	295

12465 Pleading Statutes of Ordinances	297

12467 Supplemental Pleadings	298

CHAPTER XV	299

12469 Holder Sues All Parties	307

12471 Judgment	308

12473 Setoffs in Suits by Executors and Administrators	309

12476 SetOffs in Equity	310

12477a Action for Recovery of Damages	313

12477b Causes of Action Determined	314

CHAPTER XVI	315

12479 Opportunity to Answer Amended Pleadings	323

12480 Amendment After Judgment	324

12481 Amendment of Returns	325

12483 Omissions and Defects	328

12484 Process Not to be Amended Without Order of Court	329

12487 When Bond Deemed Sufficient	331

CHAPTER XVII	333

12489a Criminal and QuasiCriminal Proceedings	334

12490 Officer to Take Proofs	335

12493 Objection to Competency	336

Of Depositions 12494 Testimony Taken De Bene Esse	337

12495 Testimony How Taken Under Commission	342

12496 Attendance of Witnesses	343

12498 Perpetuation of Testimony	345

12501 Fees for Taking Deposition	346

12503 Admission in Evidence	347

Of Copies of Records Etc 12504 Copies to be Admitted	348

12506 Authenticated Copies	349

12508 Conveyances	350

12509 Certified Copies of Deeds	352

12510 Certificate of Paper Not Found	354

12511 Proceedings Before Justices of the Peace in Other States	355

12513 Printed Copies of Laws of Other States	356

12514 Municipal Laws and Ordinances	357

12515 Common Law of Other States	358

12516 Any Device by Way of Seal	359

12519 May Be Proved by Oath of Justice	360

12521 Records of Board of St Marys Canal	361

12524 Proof of Publication of Notice of Sale	362

12526 Affidavit of Printer Prima Facie Evidence	363

12528 When Seal Not to be Affixed	364

12531 Record of License to Marry	366

12532 Certificates of Purchase of Public Lands	367

12535 Proof of Incorporation	368

12536 Proof of Copartnership	369

12537 Seal of Corporation	370

12540 Proof of Open Account or Account Stated	371

12541 Books of Account	373

12542 Proof and Disproof of Loss of Instrument	374

12545 Admission of Member of Corporation	375

12547 Witness in Prosecutions Under Act 255 of 1899	376

12549 Minister or Priest Not to Disclose Confessions	377

12551 No Person Excluded from Testifying	382

12552 Witness in Own Behalf	384

12553 Testimony of Opposite Party in Suits	386

62	403

12554 Right to CrossExamine Opposite Party or Agent	412

12555 Husband and Wife as Witnesses	413

12556 Testimony of Child Under Ten Years	420

12557 Compensation of Expert Witness	422

12558 Number of Experts	423

12561 Service of Subpoena	424

12563 Warrant for Apprehension	425

12565 Commitment to Specify Cause	426

12569 Affirmation	427

CHAPTER XVIII	429

12574 Dismissal for Want of Prosecution	430

12575 Dismissal at End of Further Time	431

12578 Cases in Counties of 200000 Population	432

Of Summary Judgments 12581 In What Causes Rendered	433

12582 Affidavit Not Made in Good Faith	434

12585 Decision to be Given Within 60 Days	435

12586 Facts and Conclusions of Law	436

12587 Exceptions and Assignment of Error	444

Of Tender and Offer of Judgment 12588 TenderHow and When May Be Made	447

12590 Offer of Judgment	448

12592 Offer Not Accepted	449

12594 Fee Payable to Clerk	450

12595 Trials of Fact	451

12599 Electors Are Competent Jurors	452

12602 Names of Jurors Drawn Deposited in Another Box	453

12604 Names of Jurors Drawn Deposited in Another Box	454

12606 When Jury Drawn from Names Remaining in Box	455

12608 Ballots to be Shaken Before Drawing	456

12612 Challenges	461

12613 No Juror Questioned for Verdict	463

12616 Notice of Striking Jury	464

12619 Formation of Jury	465

12623 Expenses Taxed as Costs	466

12627 Embracery	467

12630 Instructions to Jury	468

12631 Requests for Instructions	473

Formal Exceptions not Necessary 12632 Exception to Follow Objection	475

Of Bills of Exceptions 12633 Bill of Exceptions	476

12635 Incorporation of Proceedings on Motion for New Trial	479

12636 Duty of Judge to Sign	481

12637 Motion to Set Aside Verdict	483

12638 Filing and Return of Bill	484

12640 Reference Upon Motion	485

12642 Report	487

12643 Notice of Filing of Report	488

12644 Exception on Hearing Before Referees	490

12646 Referees May Call Parties as Witnesses	492

12647 Compensation	493

12649 Auditors to Be Sworn	494

12653 Use of Report as Evidence	495

CHAPTER XIX	496

12657 Time for Appearance	497

12660 Stay of Sale	498

Of Injunctions 12662 Injunction to Stay Trial	499

12663 Stay of Proceedings After Verdict	502

12665 Payment of Deposit to Plaintiff	503

12668 Ascertainment of Damages	504

12672 Filing of Bond	505

12675 Sickness of Judge	506

12678 Determination of Decree	518

12679 Execution for Deficiency	521

12680 Other Person as Party	522

12681 What Bill to Foreclose to State	523

12682 Unsatisfied Execution	524

12684 Execution of Deed	525

12685 How Proceeds of Sale Applied	527

12688 Payment of Installment and Costs	528

12690 Subseqent Defaults	529

12692 Application of Proceeds	530

12694 Conveyance Effectual in Law	531

12697 Bond of Guardian 632	532

12700 Order of Court	533

12702 How Real Estate Not to be Disposed of	534

12705 Incompetent to be Ward of Court	535

12708 Release of Right of Dower	536

12711 Orders and Directions	537

12713 Index	538

12714 Certificate of Dismissal of Suit	539

Sales of Lands Devised Without Power of Sale 12716 May be Sold Under Direction of Court	541

12718 Petition to Be Filed	542

12720 Proofs and Hearing	543

12723 Proceeds to Stand in Lieu of Property	544

12727 Order of Hearing and Notice	545

12729 Sale of Interest by Guardian	546

Of Award of Money in Lieu of Dower in Lands Aliened by Husband in His Lifetime 12731 When Court May Award Money in Lieu of Dower	547

12733 Petition for Allowance	548

12735 Probate to be Filed with Probate Court	549

CHAPTER XX	550

12738 Oath to Sureties or Bail	551

12739 Publication of Legal Advertisement	552

12742 Neglect to Attend as Juror	553

12746 Collection of Fine	554

12749 Action for Labor Against Stockholders	555

12752 Sufficiency of Declaration in Seduction	557

12754 Agreement on Case	558

12756 Imputation of Want of Chastity Actionable	559

12758 Damages to Feelings	560

12760 What Defendant May Show in Actions for Libel	561

12762 Serving Copy of Suggestion on Record	562

12763 Trial of Issue on Suggestion	563

Proceedings for Enforcement of Individual Liability of Stockholders 12766 How Individual Liability Enforced	564

12767 When Proceedings to be Taken	565

12769 Petition	566

12771 Trying of Issue	567

12775 Judgment	568

12778 Contribution	569

12780 Execution and Warrant of Abatement	570

CHAPTER XXI	571

12784 Pendency of Suit Not to Affect Suits for Subsequent Breaches	572

12787 Where Damages Paid Do Not Equal Liability	573

CHAPTER XXII	575

12794 Judgment Against Surety for Costs	576

12795 Judgment Against Appellant and Surety	577

12797 When Execution to Issue	578

12799 Judgment as Evidence	579

12801 When Execution to Issue	580

12803 Judgment Against Part of Defendants	581

12806 Certificate of Enrollment	582

12807 Record of Decree in Office of Register of Deeds	583

12810 Omission to Sign Decree or Record	584

12812 Stay of Proceedings Upon Verdict or Judgment	585

12813 Stay Without Bond	586

CHAPTER XXIII	588

12817 Execution on Justices Transcript	589

12819 Against Body or Goods and Chattels	591

12821 When Property Bound	592

12824 Executions or Attachment from Court Not of Record	593

12828 Against Partnership Associations	594

12831 Second Execution Delivered to Same Officer	595

12834 Indorsement of Names of Defendants Not Personally Served	596

12836 Death of Officer Before Completion of Service	597

12838 When Defendant in Custody	598

12840 Discharge of Defendant	599

12842 Defendant Imprisoned	600

12846 Person Surrendered	601

12850 Filing of Bond	602

12854 Bills or Other Evidence of Debt	603

12857 Real and Personal Chattels	605

12859 Certain Property Not Exempt from Execution for Purchase Price	609

12860 Building and Loan Shares	611

12862 Selection of Exemption	612

12863 Compensation of Appraisers	613

12865 Payment of Exemption in Money	614

12866 Notice of Sale	615

12868 Postponement of Sale	616

12871 Perishable Property	617

12873 How Taken	618

12876 Restraint of Transfer of Stock	619

12877 Purchaser of Shares Entitled to Certificate	620

12880 Franchise of Toll Companies	621

12882 Adjournment of Sale	622

12885 Recovery of Penalties for Injury to Franchise	623

Exemption of Homesteads 12888 Homestead Consists of What	624

12889 Alienation Invalid Without Wifes Signature	626

12890 Selection of Homestead	628

12907 Sale by Lots and Tracts	641

12909 Where Filed	642

12911 Redemption	643

12912 By Whom Made	644

12915 Sale and Certificate Avoided by Redemption	645

12918 Rights Acquired by Creditor	646

12920 Execution Lien on Undivided Interest	647

12923 Original Purchaser Being Creditor	648

12926 Effect of Payment	649

12929 Actions for Waste	650

12930 For Whose Benefit Actions Prosecuted	651

12932 Conveyance to Executor	652

12934 When Certificate Holder Entitled to Deed	653

12937 Payment of Mortgage by Purchaser of Equity	654

12940 Indorsement of Description of Premises	655

12944 Further Execution in Case of Irregularity	656

12947 Order of Contribution	657

12950 Tenant in Common	658

12953 Acquisition of Rights of Original Purchaser	659

12956 Leasehold Interests	660

12957 Effect of Filing of Notice of Levy	661

12960 Redemption	662

12963 Return of Articles	663

12965 Enforcement of Chancery Decree	664

CHAPTER XXIV	665

12967 Enforcing Performance of Decree	666

12969 When Decree Satisfied Out of Sequestered Estate	667

12971 Judgment Against Village Having No Assessing Officer	669

12973 School District	670

12976 Fractional School District	671

CHAPTER XXV	672

12981 BailPiece	673

12983 Justification of Bail	674

12986 Terms of Stay	675

12989 Proceedings Against Sheriff	676

12992 Officer May Put in Special Bail	677

12994 Sheriff to Endeavor to Serve Execution	678

12997 Surrender by Special Bail	679

12999 Surrender of Defendant	680

Liberties of Jails and Escapes 13000 Who Entitled to Liberties of Jail	681

13001 Bond to Be Executed by Prisoner	682

13004 When Prisoner May Be Recommended	683

13007 What Deemed Escape of Prisoner	684

13009 Effect of Judgment Against Sheriff	685

13013 When Judgment Vacated	686

13016 Action by Assignees	687

13019 Stay of Proceedings Against Sheriff	688

13022 What Deemed an EscapeCapias	689

13024 Defense by Sheriff	690

CHAPTER XXVI	692

13029 Affidavit to be Attached to Writ	693

13030 Against Corporations	696

13031 Endorsement	697

13034 Exemptions	698

13036 Appraisal of Property	700

13037 Attachment of Real Estate	701

13040 Register of Deeds to Note Time and Enter Receipt	702

13043 Conditions of Bond	703

13044 Release of Property	704

13047 When Notice to be Published	705

13048 Bond to be Returned and Filed by Officer	706

13050 Filing Declaration	707

13052 Procedure When Defendant Personally Served	708

13054 Endorsement on Execution	709

13058 To Whom Proceeds Paid	710

13061 Sale in Case of Incumbrance Removed Before Sale	711

13063 Attachment After Suit Commenced	712

13066 Subsequent Proceedings	713

13068 Defendants Bond for Discharge of Property	714

13071 Action for Taking Timber Trespass on Lands May Be Commenced by Attachment	715

13073 Action Against Itinerant Venders	716

13076 Citation to Plaintiff	719

13078 Attendance of Witnesses	722

CHAPTER XXVII	724

13081 When Replevin Does Not Lie	727

13083 How Commenced	728

13084 Affidavit to be Attached	729

13085 How Writ Executed	730

13088 Failure to Execute Bond	732

13089 How Defendant Summoned	733

13091 Return of Writ	734

13093 Justification of Sureties	735

13096 Court May Allow New Bond Filed	736

13099 Proceedings on Return of Writ	737

13103 Assessment of Damages for Plaintiff	738

13104 Part Ownership or Lien of Special Property	739

13105 Judgment in Case of NonDelivery of Goods	740

13106 Execution in Such Case	741

13107 Powers and Duties of Sheriff	742

13109 Judgment for Value of Property	744

13110 Notice of Assessment of Damages	745

13113 Property Held Subject to Attachment in Certain Cases	746

13115 Proceedings	747

Replevin of Beasts Distrained 13117 Proceedings When Beasts Are Distrained	748

13118 Affidavit to be Annexed	749

13121 Judgment for Plaintiff	750

13123	754

13131	760

13144 When Garnishee Refuses to Expose Articles for Levy	766

13158 Who Not Adjudged Garnishee	773

CHAPTER XXIX	780

13169 Extension of Action	781

13170 Who May Recover in Ejectment	782

13171 Who to be Defendants	783

13172 How Commenced	785

13176 Undivided Shares	786

13179 Security for Costs	787

13182 Default for Not Appearing	788

13185 Right to Possession Sufficient	789

13186 Lease Entry and Ouster	790

13189 Verdict Upon Several and Distinct Possessions	791

13191 Expiration of Plaintiffs Title Before Trial	792

13192 Suit Not to Abate by Death	793

13194 Writ of Possession	794

13197 Granting of New Trials	795

13198 Effect of Judgment by Default	796

13200 Substitution of Heirs	797

13203 Damages	798

13206 Defendants Pleading	799

13209 Extent of Recovery of Rents	800

13212 Claim in Writing to Compensation	802

13213 Abandonment of Premises and Judgment for Value	803

13214 Payments for Value of Improvement	804

13215 Assessment of Damages on Default	805

13218 Recovery of Mesne Profits on Death of Plaintiff	806

13220 Costs and Expenses of Admeasurement	807

13222 Issuing Writ of Restitution	808

13224 Issue of Execution	809

13226 Verdict and Judgment	810

13227 Filing Notice of Commencement with Register Deeds	811

CHAPTER XXX	812

13230 Restoration of Possession	814

13231 Complaint	815

13232 Process Upon Complaint	816

13234 Pleading to Complaint	817

13237 Judgment on Conviction	818

Summary Proceedings to Recover the Possession of Land in Other Cases 13240 How Premises Recovered	819

13241 Complaint	822

13243 Service	822

13244 Defendants Plea	825

13245 Adjournment	826

13247 Adjournments	827

13249 General Powers of Officer	828

13252 Appeal to Circuit Court	829

13253 When Writ of Restitution to Issue	830

13254 Execution for Costs	831

13256 Bond to be Given Before Certiorari Is Allowed	832

CHAPTER XXXI	834

13259 Instituting Suits	835

13261 Bill to be Verified	836

13262 Who May Be Made Parties	837

13265 Transfer of Lien	838

13267 Summons to Appear and Answer	839

13270 Guardians for Minors	840

13273 Denial of Joint Tenancy	841

13277 Commissioners to Make Partition	842

13280 Making of Partition	843

13283 Expenses	844

13286 Persons and Cases Not Affected	845

13288 Terms of Credit of Purchase Money	846

13291 To Whom Securities Delivered	847

13294 Application for Moneys Brought in	848

13297 Clerk to Procure Discharge of Incumbrances	849

13301 Payment to Owner of Estate with His Assent	850

13304 Unknown Owners	851

13308 Report of Sale	852

13311 Effect on Rights of Creditors	853

13315 Shares of Absent and Unknown Persons	854

13319 Duty of Clerk	855

13322 Assessment and Collection of Costs	856

13324 When Plaintiffs to Pay Costs	857

13328 Effect of Deeds	858

13331 Court May Authorize Release	859

13335 Claims Barred by Statute of Limitations	860

13339 Interest Set Off in Body Without Subdivision	861

13342 Duty of Court Under Judgment in Case of Married Women	862

13344 Release a Bar	863

13347 Division Where All Consent in Writing	864

CHAPTER XXXII	866

13351 Bond of Guardian	867

13355 Guardian to Report Plat on Oath	868

CHAPTER XXXIII	869

13361 Feigned Recoveries	870

13365 Guardians for Infant Defendants	871

13369 Imparlances Abolished	872

13372 Writ of Possession May Include Execution	873

13376 Recovery of Treble Damages	874

13377 Waste After Commencement of Action	875

CHAPTER XXXIV	876

13379 Witnesses	877

13383 Recovery of Interest in Property Adverse to Judgment Debtor	878

13385 Fees Allowed to Creditor	879

13388 Final Order to Have Force of Degree	880

13390 Notice of Appeal	881

13391 Reversal Affirmance or Modification of Order	882

CHAPTER XXXV	883

13396 How Action Brought	884

13398 Declaration in Assumpsit	885

13401 Action Where Amount is not Specified	886

13405 Duty of Other Township Officers	887

13409 Compelling of Payment	888

13413 Proceedings on Return	889

13416 Prosecuting Attorney to Issue Process to Collect	890

13419 Execution Thereon	891

13423 Execution Thereon	892

13426 Remission of Fines and Recognizances	893

13430 Remission of Fines Imposed by Justices	894

13433 Penalty for Not Paying Over Moneys	895

13435 Issue and Return	896

CHAPTER XXXVI	897

13438 When Motion to Vacate Order Not Necessary	908

13439 Mandamus Against State Officer	909

13442 Recovery to Bar Other Action	910

13445 Payment of Fine Bar to Action	911

13447 Service and Return	912

13451 Judgment if Return Adopted	913

CHAPTER XXXVII	914

13455 By Whom Issued	915

13458 Liability for Disobedience to Writ	916

13460 Who Not Entitled to Writ	917

13461 Application	918

13462 Proof Required on Application in Another County	919

13463 Petition	920

13466 Form of Writ of Certiorari	921

13468 Duty of Judges to Issue Writs in Certain Cases	922

13470 Return to Writ	923

13473 Proceedings on Disobedience to Writ	924

13476 Prisoner to be Produced	925

13479 When Prisoner to be Discharged	926

13481 When Prisoner to be Discharged in Civil Cases	927

13483 Irregular Commitments	928

13486 Notice to Parties	929

13488 Evidence Against Return	930

13491 Proceedings on Return of Writ	931

13494 Order for Bail on Certiorari	932

13497 Obedience to Order for Discharge	933

13500 Liability for ReCommitting in Prohibited Cases	934

13502 Aiding in Concealment	935

13505 When Warrant to Order Arrest of Person Having Pris oner in Custody	936

13508 Liability of Officer for Refusal of Copy of Process	937

13511 Return Day	938

13515 Application of Last Section	939

13519 Persons to Obey Certiorari	940

13522 Application of Provisions of Chapter	941

CHAPTER XXXVIII	942

13525 Summons	944

13527 What May Be Set Forth in Certain Cases	945

13528 Judgment	946

13530 Penalty for Refusal to Deliver Books	947

13533 Plea to Suggestion	948

13536 Information Against Corporations	949

13537 Who to Grant Leave	950

13540 Proceedings Upon Return Not Served	951

13543 Court May Impose Fine	952

13545 Collection of Costs	953

13549 Jurisdiction of Circuit Court	954

13551 Information for Election Frauds	955

13553 Proceedings	956

CHAPTER XXXIX	957

13556 Order to Cause	958

13560 Search Warrant	959

CHAPTER XL	961

13564 Application	962

13565 Order to Show Cause	963

13566 Hearing	964

13568 Bond and Qualification	965

13569 Sales After Application to be Void	966

13572 Stockholder May File Bill	967

13573 Parties Defendant	969

13575 Appointment of Receiver	970

13576 Powers and Duties of Receiver	971

CHAPTER XLI	972

13579 Issue and Continuance Injunction	973

13581 Construction of Last Section	974

13582 How Jurisdiction Exercised	975

13584 Distribution Upon Decree	976

13586 Proceedings Against Certain Insolvent Corporations	977

13587 Who May Apply for Injunction	978

13590 When Directors Made Parties	979

1594 Proceedings in Case of Insolvency	980

13597 Enforcing Payment by Directors	981

13601 Answer Not to be Used on Indictment	982

CHAPTER XLII	984

CHAPTER XLIII	985

13605 What to Convey	992

13606 Specific Powers of Assignee	993

13608 Notice to Creditors	994

13609 Proof of Claims to be Sworn	995

13610 Assignee May Contest Claims	996

13612 Circuit Court in Chancery to Have Supervisory Power	997

13613 Assignee to Keep Accounts	998

13614 Order of Payment	999

13615 Compensation of Assignee	1000

13616 Fraud in Assignment	1001

OF THE RELIEF OF POOR DEBTORS FROM IMPRISONMENT 13617 Who May Apply for Discharge	1002

13619 Representation to Jailer	1003

13622 Examination	1004

13625 Certificate to be Made	1005

13627 When Officer to Remand Prisoner	1006

CHAPTER XLIV	1007

13632 Power of Plaintiff to Arrest Defendant	1008

13633 In What Cases Warrant May Issue 1008 J 13634 Issue of Warrant	1010

13637 Power of Officer	1011

13638 Commitment of Defendant	1012

13640 Custody of Defendant Committed	1013

13641 Fees and Compensation	1014

13642 Property Exempt from Execution	1015

CHAPTER XLV	1016

13647 Claims to Real Estate	1017

13649 Time and Place of Hearing	1018

13652 Meeting of All Arbitrators but Awarding by Majority	1019

13654 Vacating Award	1020

13655 Correction of Award	1021

13658 Judgment	1022

13661 Effect of Judgment	1023

13664 Costs	1024

13667 Construction of This Chapter	1025

CHAPTER XLVI	1026

13673 Suit at Law	1027

13678 Certified Copies	1028

CHAPTER XLVII	1030

13685 Sundry Costs	1031

13686 Defendants Costs in Chancery	1032

13688 Costs Recoverable by Plaintiff	1033

13689 Costs No More Than Damages	1035

13692 Defendant Acquitted	1036

13694 Judgment for One of Defendants	1037

13697 Double or Treble Costs for Defendant	1038

13699 Costs Not Allowed to Either Party	1039

13702 Damages for Delay	1040

13705 On Appeals from Probate Court	1041

13707 Costs as to Realtors	1042

13710 How Costs Taxed in Supreme Court	1043

13713 Not to be Collected until Taxed	1044

13717 Evidence of Right to Costs	1045

CHAPTER XLVIII	1046

Fees of Witnesses 13720 For Attendance and Travel	1049

13721 Attorney Not Allowed Fee	1050

CHAPTER XLIX	1052

Fees of Commissioners in Counties of Two Hundred Thousand Population 13724 In Certain Counties	1055

Fees of Appraisers Commissioners and Others 13725 Appraisers and Commissioners	1056

General Provisions 13727 Special Provisions	1057

13730 Extortion Prohibited	1058

13733 No Fee for Services Not Rendered	1059

CHAPTER L	1060

13737 Not to Stay Proceedings Without Bond	1064

13738 Sufficiency of Sureties	1065

13739 Bond to be Filed and Notice Given	1066

13740 Proceedings on Writ of Error	1067

13742 Disability	1071

13743 Death of Party	1072

13746 How Issued and Made Returnable	1073

Of Chancery Appeals	1081

13755 Extension of Time for Appeal	1088

13759 Duty of Clerk	1094

STATUTES RELATING

FORMS OF PLEADINGS

Index to Supreme Court Statutes 1099

Common terms and phrases

38 Mich 41 Mich adverse adverse possession affidavit amendment appear apply appointed assignment assumpsit attorney authorized Bank bill black letter title bond brought Campau cause of action certified chancery changed circuit court commissioner claim clerk commenced Compilers complainant CONSTRUED contract copy corporation court of record deceased decedent declaration decree deed deemed defendant deposition Detroit duties entitled equity Estate evidence execution executor facts filed foreclosure FORMER LAW CITED guardian ad litem HISTORY husband issue judgment jurisdiction jurors jury justice land matter ment mortgage notice officer payment person petition plaintiff plea pleadings possession probate proof prosecuted quiet title Re-enacts Sec replevin rule section supersedes Sept service of process set-off sheriff Smith statute of limitations SUBDIVISION sued sufficient suit or proceeding supersedes Sec supreme court testify testimony therein thereof tion trial unchanged waived Wayne Circuit Judge wife witness writ

Popular passages

Page 207 - Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought...

Appears in 260 books from 1798-2006

Page 372 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.

Appears in 328 books from 1856-2003

Page 620 - Such exemption shall not extend to any mortgage thereon lawfully obtained ; but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same.

Appears in 174 books from 1847-2002

Page 216 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...

Appears in 456 books from 1777-2006

Page 410 - A husband cannot be examined for or against his wife, without her consent; nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...

Appears in 241 books from 1850-1998

Page 181 - Act to take effect, upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said statute.

Appears in 158 books from 1828-1993

Page 111 - ... or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 12.

Appears in 64 books from 1829-1998

Page 479 - ... directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2. Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect ; or, 3.

Appears in 73 books from 1848-2004

Page 131 - The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money or things in action, belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not...

Appears in 73 books from 1829-2005

Page 372 - Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture...

Appears in 227 books from 1856-1994

Bibliographic information

Title	The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Volume 1 The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, George Mortimer Sayles
Editors	Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds
Contributor	Michigan
Edition	2
Publisher	F.S. Drake, 1920
Original from	Harvard University
Digitized	27 Mar 2008

Export Citation	BiBTeX EndNote RefMan

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