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

Front Cover
Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds
F.S. Drake, 1922 - Civil procedure
 

Contents

13806 Election to be in Writing and Filed
1239
CHAPTER LIII
1246
Xxxviii
1247
No 500
1250
13824 When Special Administrator to Pay Claims
1252
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
13861 Disposition of Real Estate Recovered
1272
13862 When Goods Recovered by Executor not Considered Assets
1273
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
13909 Estate Heir Liable
1301
13914 Provision for Children Under
1308
13926
1314
13942
1320
No 33
1326
13951 Petition for Appointment of Guardians
1328
13960 Bond of Testamentary Guardian
1334
13969 Guardians to Settle Account and Collect Debts
1340
13983 Charges for Insane Patients
1346
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
14C21 Foreign Executor May be Licensed to Sell 14023 When Court May Award Costs
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
X
1375
CHAPTER LX
1381
CHAPTER LXI
1387
14065
1392
14080
1398
14092 Effect When Same Person is Trustee and Executor
1404
xii
1409
CHAPTER LXIII
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
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
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
CHAPTER LXVIII
1478
14214 Transfer in Case of Vacancy
1484
14222 Bill of Particulars
1490
14228 Balance Exceeding 300
1494
14239 Where Title Did Not Come in Question
1500
14256 Parties May Agree Upon Jury
1506
14264 Objections to Competency of Witnesses
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
No 503
1527
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
14314
1538
Rule 1
1542
14327
1544
14334
1550
CHAPTER LXXV
1552
14338 Bond
1555
14340 Service of Attachment
1556
No 387
1557
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
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
14370 Payments of Exemptions to Defendant
1579
14372 Payment of Money to Justice
1581
14375 When Returnable
1583
14378 Execution
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
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
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
xxii
1629
14455 When Books to be Delivered to Clerk
1635
14466 Special Proceedings Retained
1642
No 218
1643
TICE ACTS OTHER THAN
1645
No 2
1646
PROCEEDINGS IN CIVIL AND CRIMINAL CASES
1651
14573 Charge Only as to the Law
1655
No 35
1658
14578 Suit by Whom to be Brought
1662
Rule 26
1679
Printed BriefsContents
1680
Rule 13
1684
Rule 36
1690
Rule 42
1692
No 3
1696
Rule 61
1698
Rule 13
1704
Rule 27
1716
Rule 1
1718
Rule 39
1722
Rule 2
1726
Rule 50
1728
Rule 59
1735
Rule 67
1742
Rule 5
1745
No 6
1754
No 15
1760
No 26
1766
No 36
1771
No 47
1777
No 56b Verification of Petition for Mandamus
1783
Declarations
1786
No 71
1792
No 85
1798
Garnishment
1804
No 107
1810
No 118
1817
Negotiable Instruments
1824
No 144
1830
Limited Liability
1834
No 175
1841
No 185
1847
Information Against a Corporation Exercising a Franchise not Conferred by Law
1848
Information Against Individuals for Unlawfully Acting as a Corporation
1849
Rule to Plead in Quo Warranto
1850
Plea to Information
1851
Rule for Substituted Service in Quo Warranto
1852
Declarations Pleas and Notices in Trespass on the Case Replevin No 197 Declaration
1853
Affidavit to be Annexed to Writ of Replevin
1854
Declaration by Husband for Assault on Wife
1855
Capias No 204 Affidavit in Action Based on Contract
1856
Civil Damage Act No 206 General Form of Declaration
1857
Common Carrier No 207 Declaration for Breach of Duty
1858
Declaration on Special Contract for Loss of Goods
1859
Declaration for Failure to Deliver at Time Agreed
1860
Declaration Against Vessel for Disregarding Notice to Keep Dry
1861
No 219
1864
No 230
1870
No 241
1876
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 tion was Compelled to Pay
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
The Title of Court
1894
Affidavit on Default of Defendant
1900
Affidavit Where Defendant is Absent from State Concealed Therein or Residence Unknown
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
Notice of Appeal
1961
CIRCUIT COURT COMMISSIONERS FORMS
1964
No 361
1970
Proof of Publication
1976
No 380
1982
Order Appointing Administrator
1984
No 393
1990
No 404
1998
No 413
2004
No 422
2010
No 429
2016
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 2035 No 453 Clause to be Inserted in Petition for Probate of a Non cupative Will 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 463 Security for Costs by NonResidents Before Suit
2040
No 476
2046
No 489
2052
No 505
2059
No 514
2065
Fraudulent Debtors
2071
No 534
2077
No 542
2082
No 554
2088
No 565
2094
No 572
2096
No 584
2103
No 592
2109
No 604
2115
APPENDIX
2121
General Index
2137
13939 Hearing and Adjudication
2408
Rule
15
Rule
21
Copyright

Common terms and phrases

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...
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.
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.
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...
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...
Page 1230 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...
Page 1310 - ... consent to have their shares set out so as to be held by them in common and undivided.
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...
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.
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.

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