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THE

MICHIGAN JUDICATURE

AND

MISCELLANEOUS PRACTICE

ACTS

WITH

REVISED COURT RULES

AND

FORMS OF PLEADINGS

BY

ALVA M. CUMMINS

OF THE LANSING BAR

CHAIRMAN OF THE JUDICATURE COMMISSION AND MEMBER OF THE MICHIGAN
BAR ASSOCIATION'S COMMITTEE ON NEW RULES

AND

FRANKLIN A. BEECHER

AUTHOR OF MICHIGAN LAW OF WRITTEN CONTRACTS, WILLS WITH FORMS,
LAW AND PROCEDURE IN PROBATE COURTS, ETC., AND ANNOTATOR OF
THE MICHIGAN CONSTITUTION, RULE BOOK, ETC.

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COPYRIGHT, 1920

BY

FRED S. DRAKE

JUN 1 1921

PRESS OF

WYNKOOP HALLENBECK CRAWFORD CO.

LANSING, MICH.

A second edition of Cummins and Beecher's Michigan Judicature and Other Practice Acts would seem to be necessary, not so much from the fact that the Compiled Laws of 1915 has been issued since the appearance of the first edition, to which reference should be made, as to the fact that, so many of the sections have been amended or construed, that so many useful practice acts have been enacted since or were omitted from the former edition, and to the fact that the Court Rules as amended to date, as well as Forms of Pleadings, should be included.

It should be borne in mind that, at the time of the issue of the first edition, the cases in the notes to that edition had all been handed down previous to the passage of the Judicature Act, and that an entirely new theory of practice has been enacted. This means that the former decisions are of vastly less importance than those since the Act was enacted. The classification of these later decisions so as to make them accessible, the inclusion of all amendments to date, as well as all practice Acts of a general nature, together with the Court Rules and Forms, is the task of this edition.

Some idea of the development of practice under the Judicature Act may be obtained from the fact that during the last five years the necessary additions of cases and amendments, condensed into the smallest space consistent with clearness and exhaustiveness, now occupies more than half the type space used in any other edition of this Act.

These additions, together with the other added subjects, included to meet the demands of the profession, and make this work helpful, contain the following subjects not found in any other publication:

All Amendments made by the Legislatures of 1917, 1919 and 1919 Extra;

All Constructions by the Supreme Court from the enactment of the act to November 1st, 1920;

All Practice Acts of a general nature, other than the Judicature Act, as amended or construed to date;

All Rules of the Supreme Court, Circuit Court and the Probate Court as amended to this date;

All Forms of Pleadings deemed necessary.

In this new edition there are one or two suggestions which should be made to the reader by which his attention is called to important features designed to improve the usefulness of this publication. For instance, wherever an amendment to

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