The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Volume 2

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

F.S. Drake, 1922 - Civil procedure

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Selected pages

Title Page

Table of Contents

Index

INTRODUCTION	1213

CHAPTER LI	1214

13765 Powers of Probate Judge	1216

13766 When Jurisdiction not to be Contested	1217

13769 Administration of Oaths	1218

CHAPTER LII	1220

13776 When Other Custodian of Will to Deliver Same	1221

13779 Commitment for Neglect to Deliver Will	1222

14452 Entry of Items	1634

14455 When Books to be Delivered to Clerk	1635

14457 Disposition of Books and Papers	1636

14460 Constable not to Take Reward	1637

14464 Special Acts not Affected	1638

CHAPTER LXXXI	1639

14466 Special Proceedings Retained	1642

No 227	1643

13781 Service of Notice	1223

13781a Waiver of Notice	1224

13783 When Other Witnesses May Probe Will	1227

13785 Probate by Exemplified Copy	1228

13786 Effect of Allowance	1229

13788 Lost Destroyed or Suppressed Wills	1230

13789 Revoking Clause of Will	1231

13791 When Provision for Child Omitted by Mistake	1232

13794 Payment of Debts and Allowance for Family	1233

13795 When Testator Provides by Will for Debts and Family Ex penses	1234

13798 Retention of Estate by Executor	1235

13800 Liability in Case of Insolvency of any Legatee	1236

13802 Evidence of Probated Will	1237

13805 Disposition of Personal Property	1238

13806 Election to be in Writing and Filed	1239

13808 Bond of Executor	1240

13809 Bond When Executor is Residuary Legatee	1241

13810 When Person Named Executor not to Act	1242

13813 Administrator With Will Annexed to Give Bond	1243

13815 When Remaining Executor to Execute Trust	1244

13818 Separate or Joint Bonds	1245

CHAPTER LIII	1246

13820 Who Entitled to Letters of Administration	1248

13821 Bond by Administrator	1250

13823 Duties of Special Administrator	1251

13824 When Special Administrator to Pay Claims	1252

13826 When His Powers to Cease	1253

13829 Removal of Administrator	1254

13831 Powers of Administrator	1255

13834 Acts of Prior Executor Valid	1256

13837 Probate Judge to Notify Foreign Consuls in Certain Cases	1257

13839 Rights of Attorney General	1258

13841 Bond of Temporary Administrator	1259

13844 Discharge	1260

CHAPTER LIV	1261

13847 Order of Appraisement	1262

13849 Personal Estate First Chargeable with Payment of Debts	1263

13851 Proceedings in Case of Suspected Embezzlement	1266

13852 Commitment for Refusal to Appear	1267

13854 When Executor May Compound with Debtor	1268

13857 When Real Estate Deemed Personal Estate	1269

13859 Lands Fraudulently Conveyed	1270

13860 Executor not Bound to Prosecute	1271

13861 Disposition of Real Estate Recovered	1272

13862 When Goods Recovered by Executor not Considered Assets	1273

No 223	1275

CHAPTER LV	1276

13865 Meetings to Examine Claims	1278

13866 Designation of Paper	1279

13868 Time Allowed for Presenting Claims	1280

13871 When Judge to Adjust Claims	1281

13872 Setoffs	1283

13873 Oath of Commissioners	1284

13876 Debts Payable at Future Day	1285

13877 Persons Failing to Present Claims	1286

13879 Pending Actions to be Prosecuted	1287

13881 SetOffs Allowed in Such Cases	1288

13882a Appointment of One Commissioner	1289

CHAPTER LVI	1290

13886 Extension Upon Appointment of New Administrator	1291

13887 When Executor to Pay Debts	1292

13889 When Creditors to be Paid Dividend	1293

13892 When Disputed Claims Ordered Paid	1294

13895 Notice of Time Limited for Payment of Debts	1295

Contingent Claims 13897 Class of Claims Affected	1296

13898 When Court May Order Sufficient Estate Retained for Pay ment of Claim	1297

13900 When Claimant Entitled to Payment	1298

13902 When Creditor May Recover of Heirs	1299

13905 To What Extent Heirs Liable	1300

13909 Estate Heir Liable	1301

13912 No Other Actions Against Executor Allowed	1302

CHAPTER LVII	1303

13915 Assignment of Residue After Payment of Debts	1308

13916 Decree to Name Persons and Proportions	1310

13918 Partition	1311

13920 Notice of Application for Partition	1312

13923 When Real Estate Cannot be Divided	1313

13926 Guardian for Miners and Agents for Nonresidents to be Appointed	1314

13928 When Partition Dispensed With	1315

13932 When Executor to Pay Expenses	1316

13935 When Court to Appoint Agent for Non resident	1317

13918 How Made 1318 1	1318

13940 Determination in Other Cases	1319

13941 Recording Certified Copy of Order	1320

13943 Warrant for Assignment of Dower	1321

13945 Assignment of Estate When it Consists of Mill	1322

13947 Duty of County Treasurer	1323

13949 Suits on Treasurers Bond	1324

CHAPTER LVIII	1325

13951 Petition for Appointment of Guardians	1327

13952 Who to Nominate Guardians	1329

13953 When Judge to Nominate	1330

13955 Who Entitled to Custody of Minor	1331

13957 Powers and Duties of Guardian	1332

13959 Appointment by Will of Father	1333

13960 Bond of Testamentary Guardian	1334

13961 Special Guardian	1335

13962 Bond of Guardian	1336

13963 Appraisal of Estate	1338

13966 Allowance for Defending	1339

13969 Guardians to Settle Account and Collect Debts Due	1340

13970 Guardians Ad Litem	1341

13972 Guardians Assent to Partition or Dower	1342

13975 Marriage of Female Ward	1343

13976 Proceedings in Case of Embezzlement	1344

13979 Guardians Compensation	1345

13983 Charges for Insane Patients	1346

13985 When Preceding Section Does not Apply	1347

CHAPTER LIX	1348

13988 Sale of Real Estate of Persons Under Guardianship	1352

13989 Petition to Court	1353

13991 Who Considered Interested in Estate	1354

13992 Hearing	1355

13995 Order if Sale to Specify Purpose	1356

13999 Order to Specify and Sell Lands	1357

14001 Further Bond Required	1358

14002 Copy of Order of Sale to be Delivered to Executor	1359

14003 Sale of Reversion of Dower	1360

14005 Adjournment of Sale	1361

14008 When Court to Confirm Sale	1362

14010 Sale	1363

14012 Credit on Sale	1364

14014 Interest in Land Held Under Contract	1365

14016 Condition of Bond	1366

14019 Sales Subject to Incumbrances	1367

14022 Surplus to be Considered Real Estate	1368

14024 When Sale Not Avoided by Irregularities	1369

14025 Irregularities Cured	1371

14026 Damages for Misconduct in Sale	1372

14029 Application of Proceeds of Sale for Support	1374

14031 Probate Court to Locate Homestead	1375

14032 Appraisal of Homestead	1376

14034 Proceedings After Confirmation	1377

Mortgaging Estates of Deceased Persons and Persons Under Guardianship 14035 Judge of Probate May Authorize Borrowing Money	1378

14036 How Order Obtained	1379

14037 Bond	1380

CHAPTER LX	1381

14039 Petition	1382

14042 Appeal form Decree	1383

14045 Certified Copy of Decree May be Recorded	1384

14048 Conveyance of Rea Estate by Guardian of Minor	1385

14051 Proceedings to Conform With Law for Executor	1386

CHAPTER LXI	1387

14055 Letters of Trusteeship	1389

14059 Neglect to Give Bond	1390

14062 Bonds May be Put in Suit	1391

14065 Mortgage of Trust Estates	1392

14067 Bond	1393

14069 Annual Account 1493	1394

14072 Hearing and Decree	1395

14074 Petition for Settlement of Account	1396

14077 Trustee to Show Cause for not Rendering Account	1397

14079 Rights of Certain Persons to Personal Property	1398

14081 Petition for Removal of Trustee	1399

14082 When to Deliver Property to Successor	1400

14084 Verification	1401

14087 How Citation and Notice Served	1402

14090 Appeal	1403

14092 Effect When Same Person is Trustee and Executor	1404

14094 Construction of Chapter	1405

14096 Proceedings of Persons Entitled to Estate	1406

14099 Notice	1407

14102 Compensation	1408

xii	1409

No 202	1417

14119 Probate Bonds	1418

CHAPTER LXIV	1425

14139 Consent Required	1426

14140 Mode of Adoption	1426

Adult Persons 14143 Power to Change Name of Adult	1429

CHAPTER LXV	1431

Rule 14	1433

14146 Appeal Prohibited in Certain Cases	1434

14147 Appeal form Commissioners on Claims	1435

14148 When Allowed	1436

14150 Executors Claim Against Estate	1437

14153 Notice and Reason of Appeal	1438

14154 Appellant to File Certified Copy of Record	1439

14155 Circuit Court to Try Question	1440

14156 When Circuit Court May Allow Appeal	1442

14157 When Appeal not Allowed	1443

14159 Stay of Proceedings by Appeal	1444

14161 Surety on Bond May Support or Oppose Account of Execu tor	1445

14164 Costs	1446

14165 Execution for Costs	1447

CHAPTER LXVI	1448

14167 Jurisdiction of Actions Against School Districts	1451

14168 General Powers	1452

14170 Actions Against Corporations	1455

14171 Actions in Favor of County	1456

14174 No Court to be Held in Bar Room	1457

14176 Absconding Defendant	1459

14177 Forms of Action	1460

CHAPTER LXVII	1461

14179 Suits for Personal Work and Labor	1462

14181 Process to be Signed	1463

14183 Confession of Judgment	1465

14184 When Suit Deemed Commenced	1466

14185 Summons	1467

14186 Service of Summons	1468

14187 Justice May Empower Person to Serve Process	1469

14189 New Summons	1470

14191 When Defendant is Nonresident	1471

14193 Initial Letters or Contraction of Christian Name	1472

14194 Suits Against Partnership	1473

14197 Sections Applicable to Justices Process	1474

14199 Infant or Insane Plaintiff	1475

14201 Infant or Insane Defendant	1476

14204 Plaintiff May Appear and Conduct His Suit or Defense	1477

CHAPTER LXVIII	1478

14207 Subsequent Adjournments	1479

Observance of the Seventh Day 14208 Observance of the Seventh Day	1480

14209 Proceedings When Process Returnable on Seventh Day	1481

Of the Transfer of Causes 14212 When Justice May Deliver Papers to Other Justice	1482

14214 Transfer in Case of Vacancy	1484

CHAPTER LXIX	1485

14217 Actions on Accounts	1487

14218 Failure of Want of Consideration	1488

14221 Joinder of Counts	1489

14223 Amendment of Bill	1491

14226 Notice of Setoff or Recoupment	1493

14228 Balance Exceeding 300	1494

14229 Setoff by Executors	1495

14231 Plaintiff not to Discontinue	1496

14234 Bond of Defendant	1497

14236 When Justice to Proceed With Case	1498

14238 Pleadings to be Same When Suit Removed	1499

14239 Where Title Did Not Come in Question	1500

CHAPTER LXX	1501

14244 Fees for Serving Attachments How Paid	1502

14248 Disposition of Moneys Collected	1503

14251 When Defendant Fails to Appear	1504

14253 List of Eighteen Names to be Made	1505

14256 Parties May Agree Upon Jury	1506

14259 Peremptory Challenges	1507

14261 Oath of Jurors	1508

14265 Unnecessary Witnesses How Paid	1509

14267 Failure of Want of Consideration	1511

14268 Discontinuance as to Part of Defendants	1512

14270 Verdict to be Delivered Publicly	1513

14271 When Jury May be Discharged	1514

CHAPTER LXXI	1515

14273 Judgment for Defendant	1516

14275 Attorney Fee	1517

14277 Process Against Two or More and Service on Either	1518

14280 When Party May Remit Excess and Take Judgment for Balance	1519

14281 Transcript of Judgment	1520

14282 Clerk of Circuit Court to File Transcript	1521

14283 Effect of Judgment	1522

14284 Transcript from Justice of One County to Justice to Another County	1523

14285 Justice to Make Transcript	1524

14287 Effect of Judgment	1525

CHAPTER LXXII	1526

14290 When Execution to Command Constabie to Take Body	1528

14291 Death of Defendant After Levy and Before Sa e	1529

14294 When Execution to Issue Forthwith	1530

14295 Executions to Issue After Five Days	1531

14298 Execution Against Joint Debtors on Process not Personally	1532

14301 Limitation of Issue of Execution	1533

14304 Indorsement of Time of Levy	1534

14305 Sale of Goods	1535

14307 Return of Execution	1536

14310 Cost of Keeping Cattle	1537

14314 When to Take Body of Defendant	1538

14316 Constable to Proceed After Expiration of Term	1539

14319 Disposition of Surplus	1540

14321 Chapter Applicable	1541

CHAPTER LXXIII	1542

14325 When Plaintiff Entitled to Warrant in Other Cases	1543

14327 Command of Warrant	1544

14329 When Justice to Try Cause	1545

CHAPTER LXXIV	1547

14333 When Writ Returnable	1550

CHAPTER LXXV	1552

Rule 20	1553

14338 Bond	1555

14340 Service of Attachment	1556

14341 When Defendant Cannot be Found	1558

14342 Bond to Prevent Removal of Goods	1559

14344 Property to be Delivered Up	1560

14347 Several Attachments Against Defendant	1561

14350 When Plaintiff to Have Judgment	1562

14352 Bond for Discharge of Property	1563

14355 Action Against Foreign Corporation by Attachment and Garnishment	1564

14356 Rights and Liabilities of Garnishees	1565

CHAPTER LXXVI	1567

PART FOURFORMS OF PLEADING UNDER THE JUDICATURE	1570

14362 Form of Summons	1571

14363 Bond for Release	1572

14365 Liability of Garnishee	1573

14366 Warrant for Garnishee	1575

14369 Examination of Garnishee	1576

No 226	1578

14370 Payments of Exemptions to Defendant	1579

14373 Declaration Against Garnishee	1581

14375 When Returnable	1583

14377 What Deemed Discontinuance Against Garnishee	1584

14379 Costs Against Garnishee	1585

14382 Levy and Sale of Property	1586

14385 Suit of Defendant Against Garnishee Barred	1587

14389 Summons in Such Cases	1588

14391 Duty of Officer Served	1589

14392 When Corporation Deemed Indebted to Defendant	1590

14394 Appeal	1591

14396 When Garnishee to be Released	1593

CHAPTER LXXVII	1594

14398 Fees of Jurors	1595

14399 Fees of Constables	1596

CHAPTER LXXVIII	1598

14402 Affidavit	1599

14403 Bond on Appeal	1601

14404 Sureties to Justify	1603

14407 When Justice Term Expires	1604

14409 How Bond or Recognizance Served When Justice Absent	1606

14412 Additional Particulars to be Returned	1607

14413 Filing Return	1608

14415 Amendment of Return	1609

14418 No Appeal Dismisses for Nonpayment of Costs	1611

14421 Appellee Not to Prosecute Bond Till Execution Returned Unsatisfied	1612

No 130	1613

14423 Notice in Writing	1614

14424 Who to Allow Writ	1616

14426 Sureties	1617

14428 When Writ to Issue	1618

14431 Justice to Make Return	1619

14432 Court May Compel Return or Amendment	1620

14435 Costs	1622

14437 Return to Appeal After Expiration of Office	1623

14439 Expiration of Office During Time Allowed for Appeal	1624

14441 Return Compelled After Removal from County	1625

CHAPTER LXXIX	1626

14445 Record of Conviction	1627

14448 Adjournment of Cause	1628

CHAPTER LXXX	1629

14466a Time the Act Becomes Operative	1644

TICE ACTS OTHER THAN	1645

No 242	1649

PROCEEDINGS IN CIVIL AND CRIMINAL CASES	1651

Rule 21	1654

14573 Charge Only as to the Law	1655

14578 Suit by Whom to be Brought	1662

14587 May Issue of Course	1668

No 138	1672

DISTRIBUTION OF ESTATES OF BIGAMOUS PERSONS	1674

No 203	1675

14622 Labor Debts Preferred Claims	1676

Rule 26	1679

Printed BriefsContents	1691

Printed BriefsWhen to be Filed	1692

Arguments of CausesCall of Cases Each Day	1693

Argument of CausesSubmission on Briefs	1694

Application for RehearingsCosts on Denial	1695

Suggestions of Death	1696

Charges of Clerk for Uncertified Opinions	1697

Parties Other Than Those of Record May Perfect an Appeal	1698

When Rules go Into EffectTheir Application	1700

Agreements to be in Writing	1701

Service of Papers on Nonresident Attorney	1702

Service on Party Prosecuting or Defending in Person	1703

Service RequiredWhen	1704

Stay of Proceedings to Make Motions	1705

Original Writs	1706

ProcessForm of Chancery SummonsServed How	1708

Compelling Return of Process	1710

DeclarationsForms Contents	1711

Plea General Issue Special Defenses	1712

Bills of Complaint	1714

Cross BillsAnd Answers Thereto	1715

Verifying Chancery Pleadings	1716

Supplemental Pleadings	1717

Time in Which Proceedings Shall be TakenMotions As sailing Pleadings and Proceedings	1718

Default of Either Party Proceedings Thereon	1719

Execution of Written Instrument Admitted if not Denial on Oath	1720

Court May Require Parties and Witnesses to Testify	1721

Demand for Jury	1722

Conduct of Trials	1723

DiscontinuanceSeveral Defendants	1724

Demand for Special Findings of Fact and Law by the Court	1725

Special Leave to Appeal	1726

Jurisdiction in Mandamus and Certiorari Proceedings Quo Warranto	1728

Proceedings Before Commissioners	1729

Appeal From Order of Commissioner	1730

Restriction of Powers of Commissioners	1731

Enrollment of Decree	1732

Assignment by Plaintiff of SubjectMatter of a Chancery Suit	1733

Divorce Cases	1735

ReceiversPowers and Duties	1736

Moneys Deposited and DrawnClerk of Court	1737

Security by Guardian Ad Litem	1738

Taxation of Costs	1739

Case Made	1742

Order of Judge Presiding Outside of Where He Resides	1743

Appearance of Attorney	1744

Appointment of Guardians	1745

Securities for Bonds	1746

Assignment of Dower	1747

Guardian Ad Litem or Next Friend	1748

Withdrawal of Files and Records	1749

SUPREME COURT FORMS Bill of Exceptions and Case Made PAGE No 1 General Forms	1750

Notice of Settlement of Bill	1751

Amendments to Bill	1752

Case Made After Judgment with Findings of Court	1754

Exceptions to Findings	1755

Judgment Entered on Findings 1756	1756

Statement of Errors in Case Made	1757

Form of Clerks Return to Writ	1758

Notice of Issuing Writ	1759

Notice of Rule to Join in Writ	1760

Bond to Stay Proceedings	1761

Approval of Bond	1762

Form of Assignment of Errors	1763

Writs of Habeas Corpus No 23 Petition for Writ	1764

Verification of Petition for the Writ	1765

Verification of Petition for Warrant to Arrest Prisoner	1766

General Form of Writ	1767

Proof of Service of Writ	1768

Return to Writ Party Produced	1769

Writs of Certiorari No 31 Common Law Writ of Certiorari from Superme to Circuit Court	1770

Information Against a Corporation Exercising a Franchise Not Conferred Upon by Law	1771

Quo Warranto Proceedings No 37 Information in the Nature of a Quo Warranto by Attorney General of Prosecuting Attorney	1772

Endorsement of Leave to File Information	1773

Rule to Pead in Quo Warranto	1774

Rule for Substituted Service in Quo Warranto	1775

Writ of Prohibition No 46 Alternative Writ of Prohibition and Order to Cause	1776

General Motions and Notices No 47 Form of Notice of Motion	1777

Countermand of Notice of Hearing	1778

Decrees No 52 Decree Below Affirmed	1779

Judgment Below Reversed	1780

Judgment Below Affirmed	1781

Form of Clerks Certificate after Judgment	1782

No 56b Verification of Petition for Mandamus	1783

No 56e General Form of Certificate of Clerk	1784

No 56f General Form of Return to Order to Show Cause	1785

CIRCUIT COURT AT LAW FORMS Declarations 1 In General PAGE No 07 Outline of Delcaration	1786

General Form of Affidavit	1787

Declaration Against a Surviving Partner	1788

Declaration Against a Corporation Defendant	1789

Declaration by One for Himself and Others	1790

Declaration by Executor	1791

Declaration by Infant Suing by General Guardian	1792

Declaration by Guardian or Committee of Lunatics etc	1793

Declaration by Board of Officers	1794

Declaration by Receiver Appointed Pending Litigation	1795

Bill of Particulars of Plaintiffs Demand	1796

Declarations and Pleas in Assumpsit Particular Cases No 83 Declaration on an Account	1797

Declaration for Necessaries Furnished to Wife or Infant Child of Defendant	1798

Declaration for Breach of Promise to MarryMarriage with Another	1799

Declaration for Contribution to One Joint Debtor	1800

General Form of Affidavit When Attachment is Issued after 1801 No 92 Petition for Dissolution of Attachment	1801

Citation to Plaintiff on Petition for Dissolution	1802

Order Dissolving Attachment and Awarding Costs	1803

Garnishment No 96 Affidavit by Plaintiff Based on a Pending Cause Before Judgment	1804

Affidavit When Made on the Day Suit is Commenced but Before Commencement	1805

Affidavit Based on a Judgment in the Circuit Court	1806

Affidavit When Plaintiff Charges the Garnishee with Having 1807 No 101 Writ of Garnishment Based on Pending Cause Before Judg received Prope...	1807

Writ of Garnishment Based on Transcript	1808

Disclosure of Garnishee Denying all Liability	1809

Answers of Garnishe? to Special Interrogatories	1810

Petition Based on Garnishees Failure to Appear for Exami nation	1811

Order for Appearance of Garnishee	1812

Notice to Foreign Corporation	1813

Declaration on Loss Payable to Mortgagee	1814

Declaration on Renewal Policy	1815

Declaration by Executor on Life Policy	1816

Declaration by Wife Partner or Creditor of Insured	1817

Declaration on a Policy of Marine Insurance on Open Policy	1818

Declaration for Partial Loss and Contribution	1819

Declaration on Express Contract	1820

Declaration for Money Lent	1821

Notice of Special DefenseFraud in Procuring Note	1827

Plea with Objections and Notice	1833

Limited Liability	1834

Accord and Satisfaction	1835

Statute of Limitations	1836

Formal Parts of Plea No 165 General Issue	1837

Several Defenses	1838

Counterclaim by a Lunatic etc	1839

Pendancy of Another Action Pending	1840

Petition for Habeas Corpus to Testify	1841

Habeas Corpus to Inquire into Cause of Detention	1842

Notice to Party Interested of Issuing Writ	1843

Order to Show Cause from Circuit Court on Application for Mandamus	1844

Alternative Writ of Mandamus	1845

Quo Warranto No 184 Information in the Nature of a Quo Warranto by Attorney General or Prosecuting Attorney Against an Individual for Usurpin...	1846

Information by a Private Citizen	1847

Declaration for Failure to Collect on C O D Shipment	1848

Notice of Privileged Communication	1866

Malicious Prosecution PAGE No 245 Declaration for Malicious Prosecution	1877

Declaration for Malicious Arrest in Civil Action	1878

Declaration for False Imprisonment and Special Damages	1879

Municipal Corporations No 250 Declaration for Neglect in Excavation in Street	1880

Declaration for Collection of Judgment Municipal Corpora	1881

Declaration for Neglect to Keep Sewer Open	1882

Declaration for Injury from Water	1883

Declaration for Negligent Collision	1884

Declaration for Nuisance	1885

Malpractice No 259 Declaration for Malpractice	1886

Pledge No 260 Declaration for Loss of Pledge	1887

Railroads No 262 Declaration for Collision with Plaintiff	1888

Seduction No 264 Declaration for Seduction of Plaintiff	1889

Declaration for Loss of Services by Seduction of Plaintiffs Daughter of Servant	1890

Justification by Sheriff No 266 Justification by Sheriff taking under Attachment	1891

Waste No 267 Declaration for Waste by Joint Tenant or Tenant in Com	1892

CIRCUIT COURT IN CHANCERY FORMS Titles and Address PAGE No 269 The Title of Court	1894

Commencement by an Infant by His Guardian	1895

Verifications No 282 Jurat to Affidavit	1896

Verification by Next Friend of Infant	1897

Verification to Bill for Divorce	1898

Default No 290 Affidavit of Failure of Plaintiff to Serve a Copy of Bill	1899

Affidavit on Default of Defendant	1900

Affidavits for Substituted Service No 295 Affidavit of NonResidence of Defendant and Stating Place	1901

Decrees or Orders No 298 Captain of Decree or Order in Circuit Court	1902

General Form of a Decree or Order	1903

Judgment Creditors Bill Against Debtor to Set Aside Fraudulent Judgment and Sale	1905

Judgment Creditors Bill Against Judgment Debtor and Assignee to Set Aside Assignment	1906

Bill in Aid of an Execution	1908

Decree in a Fraudulent Conveyance in Aid of an Execution	1910

Judgment Creditors Proceedings No 306 Bill with Double Aspect	1911

Contribution No 307 Bill Against Cosureties Upon Promissory Note	1914

Bill for Divorce for Adultery	1915

Bill for Divorce for Desertion	1916

Bill for Divorce on Conviction for Felony	1917

Bill for Divorce for Impotency	1918

Petition for Alimony and Expenses	1919

Notice of Motion for Alimony	1920

Foreclosure of Mortgage No 319 Bill for Foreclosure of Mortgage on Real Property	1922

Bill for Foreclosure by Assignee of Mortgagee	1923

Fraud and Deceit No 321 Bill for Recission of Contract for Fraud	1924

Bill of Injunction to Restrain Threatened Injury to Chattels	1925

Bill of Injunction to Restrain Use of TradeMark and for Damages	1926

Bill of Injunction to Restrain Waste	1927

Interpleader No 326 Bill of Interpleader	1928

Mechanics Liens No 327 Bill by Contractor to Foreclose Mechanics Liens on Land and Building	1929

Bill by Contractor to Foreclose Mechanics Lien on New Structure	1933

Bill by Subcontractor	1936

Bill by Laborer	1940

Bill by Materialman	1944

Mistake No 332 Bill for Rescission of Contract on Ground of Mistake	1948

Partnership No 334 Bill for Dissolution of Partnership	1949

Probate of Foreign Will No 335 Bill to Probate a Foreign Will	1950

Real Estate No 336 Bill to Quiet Title	1952

Bill to Reform Conveyance in Boundary	1953

Bill for Specific PerformanceVandee Against Vendor	1954

Bill to Enforce Agreement to Make a Lease	1955

Bill to Compel Exchange of Property	1956

Bill by Surety to be Subrogated to Rights of Mortgagee	1957

Chancery Appeals No 343 Claim of Appeal in Chancery	1959

Notice of Application for Approval of Bond on Appeal	1960

No 350	1964

Order Appointing Administrator	1984

Letters of Administration	1986

Petition for Appointment of Guardian Ad Litem	1987

Acceptance of Trust by Guardian Ad Litem	1988

Appraisers Warrant and Inventory	1989

Petition for Widows Allowance	1990

Order for Personal Service	1991

Proof of Service	1992

Petition for Hearing Claims Before Court	1993

Notice of Hearing Claims Before Court	1994

Affidavit of Posting Notice of Hearing Claims	1995

Petition for Appointment of Commissioners of Claims	1996

No 403a Order Appointing Commissioners on Claims	1997

Commissioner on Claims Warrant	1998

Report of Commissioners	1999

Notice of Meeting of Commissioners on Claims	2000

Certificate of Allowance of Claims by Commissioners	2001

Petition to Compound a Debt	2002

Order to Compound a Debt	2003

Petition for Extension of Time for Settling Estate	2004

Order Extending Time for Setting Estate	2005

Account of Administrator	2006

Summary No 418 Order for Hearing and Notice	2007

Order for Publication	2008

Proof of Publication	2009

Order Assigning Residue of Estate	2010

Petition for Assignment of Residue Estate	2011

Discharge of Administrator	2012

Petition for Partition	2013

Order for Hearing and Notice	2014

Order Appointing Commissioners	2015

Notice of Meeting of Commissioners	2016

Order Confirming Partition	2018

Petition for Probate of Will	2019

Notice to Foreign Consul	2020

Order Admitting Will to Probate	2021

Petition for Appointment of Guardian Ad Litem	2023

Bond of Residuary Legatee	2024

Bond of Executor of Administrator	2025

Letters Testamentary	2026

Letters Testamentary Residuary Legatee	2027

Inventory	2028

Petition for Widows Allowance	2029

Proof of Service	2030

Petition for Allowance of Lost Will	2031

Petition for Allowance of Foreign Will	2032

Order for Publication	2033

Order Admitting Foreign Will	2034

Clause to be Inserted in Petition for Probate of a Non cupative Will	2035

Clause to be Inserted in Decree for Probate of a Noncupa tive Will	2036

JUSTICE COURT FORMS Summons No 456 Summons	2037

Return of Summons Against Several Persons	2038

The Justices Docket No 461 Entries in Justices Docket	2039

Matters in Relation to Process No 462 Deputation for Service	2040

Security for Costs Where Plaintiff has Removed from the County	2041

Appearance of Infants No 468 Consent and Appointment of Next Friend for an Infant Plaintiff	2042

Consent and Appointment of Guardian	2043

Subpoena Duces Tecum	2044

Return of Service of Subpoena	2045

Compelling Attendance of Witness by Attachment	2046

Oath of Materiality of Defaulting Witness	2047

Commitment of a Defauiting Witness	2048

Warrant Service and Return No 482 Affidavit for Warrant on Contract	2049

Affidavit in Case of Tort	2050

Return to Warrant	2051

Oath to Surety	2052

Declaration by the State for a Penalty	2053

Declaration for Goods Sold and Delivered	2054

Declaration for Promissory Note by Payee Against Maker	2055

Declarations in Trespass on the Case PAGE No 499 Declaration for Assault and Battery	2056

Declaration for Negligence in a Collision	2057

Declaration for Conversion by Bailee	2058

Declaration Under the Statute for Cutting Timber	2059

Pleas and Notices in Trespass Actions No 507 Pleas and Notice of Title	2060

Bond with Plea and Notice of Title	2061

Justices Certificate to Circuit Court on Plea of Title	2062

Bills of Particulars No 511 Plaintiffs Bill of Particulars	2063

Bond in Attachment	2064

Writ of Attachment	2065

Bond of Claimant of Property	2066

Docket Entry in Successive Attachments	2067

Copy of Inventory to Return with Attachment	2068

Return When Defendant not Found	2069

Order of Discharge	2070

Fraudulent Debtors No 525 Affidavit for Warrant	2071

Warrant for Arrest	2072

Certificate to Affidavits for Defendant	2073

Examination of Defendant	2074

Commitment	2075

Bond to Assign etc	2076

Approval to be Endorsed on Bond	2077

Supersedeas	2078

Garnishment No 536 Affidavit in Garnishment	2079

Warrant Against Garnishee Neglecting to Appear	2080

Return to the Warrant	2081

Bond in Replevin	2082

Writ of Replevin	2083

Return to Writ of Replevin	2084

Summons	2085

Pleas of General Issue and Notice of Defense	2086

Verdict for Defendant on General Issue and Notice of 2087 No 552 Verdict for Defendant on Return Waived and Judgment Property in Defendant a...	2087

Execution for Defendant for Return and Damages and Costs	2088

Execution for Defendant for Value Damages and Costs	2089

Pleas and Notices No 557 Plea of General Issue and Notice of Defense	2090

Notice that Cause of Action did not Accrue Within Six Years	2091

Notice of Defense in Bar Puis Darrein Continuance	2092

Notice of Recoupment	2093

Venire	2094

Oath to Witness on Trial of Challenge	2095

Transcript of Judgment	2118

Table of Amended section by the Legislatures of 1917 1919 1919 extra	233

No	352

No	359

No	365

Proof of Publication	371

No	377

Petition for Appointment of Administrator	25

Copyright

Common terms and phrases

action adjournment administrator affidavit allowed amendment amount appeal application appointed attachment authority bond cause changing chapter circuit court Circuit Judge CITED claim Compilers constable CONSTRUED contract costs creditor debts deceased defendant delivered demand direct docket dollars duty effect entered entitled evidence execution executor executor or administrator fact fees filed garnishee give given guardian hearing heirs HISTORY interested issue judge of probate judgment jurisdiction jury justice justice's lands liable manner matter ment Mich Modified necessary notice officer omitting paid party payment peace person petition plaintiff pleading possession preceding principal probate court proceedings proof proper question Re-enacts Sec real estate reasonable recover rendered residence Sept served set-off statute sufficient suit summons taken thereof tion trial trust Unchanged unless Wayne witness writ

Popular passages

Page 1655 - PL 151) provides in section 1 "that whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...

Appears in 1052 books from 1798-2007

Page 1426 - ... association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been accredited as hereinafter provided.

Appears in 133 books from 1778-2004

Page 1893 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.

Appears in 558 books from 1829-2006

Page 1308 - In such decree the court shall name the persons, and the proportions or parts to which each shall be entitled; and such persons shall have the right to demand and recover their respective shares from the executor or administrator, or any other person having the same...

Appears in 123 books from 1851-1992

Page 1479 - Lord's day by any person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath and actually refrains from secular business and labor on that day, if he disturbs no other person thereby...

Appears in 144 books from 1835-2003

Page 1230 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...

Appears in 164 books from 1842-2002

Page 1310 - ... consent to have their shares set out so as to be held by them in common and undivided.

Appears in 53 books from 1851-1957

Page 1329 - The father or mother of the minor, and if 1 of them be deceased, then the survivor thereof, being respectively competent to transact their own business, and otherwise suitable, shall be entitled to the custody of the person of the minor and to the care of his education...

Appears in 54 books from 1849-1972

Page 2061 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.

Appears in 146 books from 1805-2006

Page 2021 - Know all men by these presents, That we as principal, and and as sureties, are held and firmly bound unto the people of the State of Michigan in the sum of dollars.

Appears in 76 books from 1855-1980

Bibliographic information

Title	The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Volume 2 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, 1922
Original from	Harvard University
Digitized	27 Mar 2008

Export Citation	BiBTeX EndNote RefMan

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