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ALL THE RULES ADOPTED BY THAT COURT SINCE 1843.

DETROIT:
S. D. ELWOOD, PUBLISHER,

No. 49 Griswold Street.

1858.

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19

Clerical mistakes in ...::

Supplemental.

Reference to and proceedings be.
Before plaintiff compelled to an

fore . . . . . . . . . 73 to 82
swer, defendant to original bill

Duty of party procuring refer.
must answer sa may be

ence . . . . . . . . . . 74
Answers to cross bills may be

Duty of master thereon..
used like answers praying re-

Reports of, what facts to contain,

Power of, to regulate proceed.
In bills of reviyor and supple-

ings, examine parties on oath,
tal bills, original statements

require the production of
need not be set forth unless un-

books, etc., examine witnesses,
der special circumstances ..

to order the examination of
OLERK'S OFFICE. ...

witnesses under commission or
Open first Monday of each month

by deposition, direct mode of
for certain purposes . . . . 2

proof, and generally to do what
COMMISSION (see Testimony).

he may deem proper to justice
COURT .::inita' of 'Equity,

and the rights of parties... 77
Circuit, as Courts of Equity,

Witnesses how compelled to at-
deemed always open for certain

tend. . . . . . . . . 78, etc.
purposes · ... pension

Accounts of parties . . . .
COSTS . . . . . . . 25-65-19-34-35-62

Accountants may be examined
Security for costs ·· 94

viva voce, or on interrogatories
DECREEN

filed in master's office . . . .
On bills taken pro confesso, when

Affidavit, etc., previously used in
absolute . . . . . .

Court may be used before mas-
in . . . . . 85

ter . .
Form of . . . . . . . .

May examine creditors and claim.
Enrolling of
vii : . .

ants on interrogatories, or viva
DEMŪRRERS AND PLEAS

voce, or both, etc. . . . . .
When to be filed .

Standing masters, masters pro
Must have certificate of counse

hac vice, may be appointed by
and affidavit of defendant ..

Circuit Court . . . . . . .
When and how defendants may

Compensation to . . . . . .
demur and plead . . . . . .32-55 Remedy for costs, &c. . . . .
Plaintiff may set down for argu-

When to examine bill excepted to 26
ment or take issue on plea .. 33

Duties of masters and examiners
Fact in plea determined for de.

and their fees . . . .

103
fendant, how far this shall avail MOTIONS . . . . . . . . . .1-2-3-4
him . . . . . .

Interlocutory, etc......1-2-3-4
Overruled, when plaintiff entitled

Notices, manner of service when
to costs .

attorneys live out of city 104
Defendant assigned to answer

And application of course... 5
Allowed, defendant entitled to

And application not of course. 6
his costs.

Special service of notice ... 100
But Court may allow amendment TOATHS :
on terms ..

Oaths, by whom 'administered : 95
Grounds for overruling i36–37 ORDERS...

a ········ 1-2-3-4-5-6
DEPOSITION (see Testimony).

PARTIES,
EVIDENCE (see Testimony).

Proper persons when not made
EXCEPTIONS,

parties, effect of . . . . . .
To bill must be in writing, and

When very numerous . . . . 48
signed by counsel, etc. . . .

Trustees of real estate may be
For scandal and impertinence in

made instead of those they rep.
bill, may be referred to master 26

resent . . . . . . . . . .
To answer . . . . . . :

IIeir at law, when may be made

*
Setting down exceptions to, for
hearing, when answer not

In case of a joint and several de
amended . . . . . . . . . 63

mand . . . . .

. .
Costs thereon . . . . . .

Course when answer suggests
To report of master .... 83-84

bill, defective for want of ..
EXECUTION,

Defective for want of does not
Writ of .

suggest that defect . . .
Where Revised statutes of 1848 ° Decree in such case . . . . .
are adopted. .

Nominal . . . . . . . . . 54-55
GUARDIAN

vi ......... 87 PARTNERSHIP,
INJUNCTION . . . . . . . . . 55

Of plaintiffis, proof of . .... 101
Prayer for (see Bill) . . . . 21-23 PLEA (see Demurrer).
Receiver's powers and duties. 99 Pleadings, when copies to be
Receiver's duties when several

served . . . . . . . . . .
bills are filed . .

. 10

RACTICE,
Effect of injunction on creditor's

That of English Court of Chan.

cery, when to regulate . . . . .
INTERROG

PROCESS (see Subpæna, Attachment,
Form of last . . . . . . . .

Sequestration, Assistance, Writ
ISSUE (see Replication)

of Execution). ...... 7 to 12
JUDGE, single . . . .

. . 3

Service of ::
MASTER,

To enforce order in favor of or
Of account of personal estate of

against one not a party to the
testator or intestate, direction

cause

. . . . . . . 10
therein . . .

. . . . . . . . .
. . . .
...

87
73 PROCHEIN Åviis
. .

73 PROCHEIN AMIS . . . . .

bill

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defendant

ION AND Jast

67

RE-IIEARING
REPLICATION A

No special replication to be filed,

but bill may be amended.. 45
REPORT OF MASTER (see Master). 76

Exceptions to . . . . . . 83-84
REVIVOR,

Bill of (see Bill). ..... 56 to 58
RULES ..

. 1 to 6
Circuit Court may make further,

not inconsistent with these.: 89
When these to take effect.

92
Of March, 1822, to be abolished. 92
SCANDAL AND IMPERTINENCE,

ton ···... 26-27
SEQUESTRATION
SIGNATURE OF

BILL . . . .
Signature of counsel to .xcep-

tions to pleadings :: 0 :: 2
SUBPOENA. .

Not to issue until bill tiled :::
Issuing, of course, when bill filed

Where more than one defendant
Manner of service of . . . . . 13
Second, etc. ..
By whom services of process to be
made.

15
Return of subpoena ... . 16
SUPPLEMENTAL BILL (see Bill) 57-58
TESTIMONY,

How taken . . . . . . . . . 67
By commission.
By agreement may be taken on

oral interrogatories by parties
or their agents without filing

interrogatories.
By deposition after issue, by Act

of Congress.

effect of
Time allowed for taking ::::
Publication of . . .
De bene esse . . . . . .
Form of last interrogatory . . .

67

SEQUESsec Bill D IMPER abolishes :

Notice of want of, in such caso

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· INDEX TO RULES AND ORDERS.

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ition to be

ACTIONS,

How may be commenced ..
When default may be entered .
When narr served thirty days be-

fore time, plaintiff entitled to

judgment. .
When capias ad respondem may

issue . . . . insei ::::
Summons how served . . . .
On bonds, plaintiff may assign

breaches . . . . . . . . .
AMENDMENTS,

When plaintiff may...
When either party may..
Not amend without affidavit

No rule to amend required.
ATTACHMENTS,

When issued against Marshal . .
ATTORNEYS,

Of Supreme Court may practice
Residing out of city have agent
Of service of notice or paper. .
When name to be stricken from

roll · · · · · · · · ...
BAIL,

Amount to be endorsed on ca-

pias . . . . . . . . .
Appearance bond when to be filed
Special bail when to be filed . .
Defendant shall give other when

special bail deficient . . . .
When special bail not given,

plaintiff may proceed to final
judgment, and appearance bail
not released. . . . . . . .
Ca. Sa, returned non est inventus

judgment may be rendered as

special bail . . . . . . . .
Marshal may be amerced if he

fail to take appearance bail
How bail piece may issue..
When bailable process returned

cepi corpus, defendant required

to file special bail ..
Bail noto perfected, rights of

plaintiff . . . . . . . . .
Terms of staying proceedings

against bail .
Judge may direct special bail, and

the amount . . . . . . . .
CAUSES,

When at issue ..
Inquests at circuit when to be

taken : : :. .
Causes at circuit

. .
Causes passed on calendar, go

down . . . . . . . . . . .

Party shall furnish each of judges

with copy of case
Misnomers will not set aside pro

ceedings ..

Issue at law when disposed of : 52
COMMISSIONERS,

Of bail, who may be.... 27-28
To take testimony .

. 60 to 62
Objections to deposition to be

filed . . . . . . . . . . . 63
COSTS,

When party shall pay for not

complying with the order.
Where costs ordered on condi-

tions imposed . . . . . .
Non-residents give security..
Judgment may be entered against

security . .
Copy of adversary's bill taxed in
costs . .

. . . . . .
How taxed . . . . . . . . .

By whom taxed . . . . . . 72-73
DEFENDANTS,

When shall be deemed in Court
When proclamation may issue

for defendant.
Of notice given before final judge

ment::inimenteren.
Default, where may be entered .
Default' being entered, plaintiff

not bound to accept plea, unless

upon terms.
Service of notice deemed an ap

pearance . . . . . . . . .
18 DEMURRERS,

Parties shall answer or amend,

upon terms...
To be special as to form and sub-

stance . . . . . . . . . .
When judgment is against de-

fendant . . . . . .

Terms of amendment in such case
25 | EXECUTION,

Return day
Shall not issue unless within two

years from return day of last

preceding one . . . . . . . 91
FEES

Of officers . . . . . . . . . 92
ISSUES,

In law and fact in same cause,
how disposed of.

50 to 52
JURORS,

Selection of ......... 95
MOTIONS,

Special, how brought ..... 44

17

stancements on terms mainst de-

70

When made and fled ..

REVISED STATUTES
When notice filed in arrest of

And rules of Supreme Court of judgment . . . . .

Michigan shall, &c. . . . . . For continuance, party applying RULE to make affidavit . . . . . .

Day first Monday of each month NOTICES,

Common rules may be entered in To bé in writing, and how served

rule book . . . . . . . . . Manner of making service in spe

Four day rules . . cial cases . . . . . . .

Computation of time in comply. Service on party, not on attorney

ing with terms of rules.. Notice of retainer before default

Private agreement not binding, Notice of questions of argument

unless in writing OATHS,

SALES,
Who may administer ...

of real estate . . . . : :,: PLEAS,

Duties of marshal previous to sale Non est factum or non assumpsit

Who may choose appraisers . . Plea and notice, samo matter for

Property to be sold separately. bidden.

Levy shall create a lien . .
False and frivolous pleas stricken

Duties of officers when appraisa
out ..

is made . . . . Of non-joinder .......

Property offered twice not sold . Rights of defendants in pleadings 86 Officer make certificate at time of Where defendant shall plead gen

sale. eral issue . .

OF MICHIGAN . . . . . . .

87 SUPREME CO PROCESS,

Rules of, and the R. S. shall govReturn day of ....... 24-64

ern proceedings in certain cases

54

70

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