REPORTS OF CASES HEARD AND DECIDED IN The Supreme Court of Michigan FROM JANUARY 4 TO OCTOBER 13, 1860. THOMAS M. COOLEY, REPORTER. VOL. IV. BEING VOLUME VIII OF THE SERIES. HARVARD LAW LIBRARY ANN ARBOR: PUBLISHED BY THE REPORTER. 1860. Entered according to Act of Congress, in the year 1860, by THOMAS M. COOLEY, In the Clerk's Office of the District Court of the United States for the District of Michigan. 12-28-1921 BARNS, FRENCH & WAY, PRINTERS, Tribune Office Detroit, Mich. Supreme Court of Michigan. GEORGE MARTIN, Chief Justice. RANDOLPH MANNING, ISAAC P. CHRISTIANCY, Associate Justices. JAMES V. CAMPBELL, JACOB M. HOWARD, Attorney General. DANIEL GOODWIN, District Judge of the Upper Peninsula. HENRY A. MORROW, Recorder of Detroit. Amendment to Supreme Court Rule. Rule 31 was amended April 20, 1860, by striking out the words 66 or so much as is material for a full understanding of the case," where they occur in lines seven and eight as printed, and inserting instead thereof "except the for mal parts." Amendments to Circuit Court Rules. Rule 35 was amended April 20, 1860, by inserting after the word "answered" in the sixth line as printed, the words "but if the pleading be such as does not require to be answered, it can be amended under this rule only within ten days after filing the same." The following new rules were adopted at the same time. RULE 96. If any Sheriff or Coroner shall fail to return any process to him directed and delivered, on or before the return day therein specified, the party in whose behalf the same was issued, may cause a rule to be entered in the Book of Common Rules, requiring such officer to return such process within twenty days after service of notice of such rule; and if such process be not returned within the time specified in such rule, on filing with the Clerk an affidavit of the service of such notice, and of the delivery of the process to such officer to be served, the default of such officer in not making such return may be en tered, and thereupon an attachment may be issued, of course, against such Sheriff or Coroner, to compel such return. RULE 97. The party having the affirmative of the issue, and bringing the cause to trial or hearing, shall prepare an issue-roll, containing a copy of the pleadings, and any notice of set-off or of special matter of defense which may have been given under the general issue, and such roll shall be used on the trial or hearing instead of the original files in the cause; and such original files shall not be removed from the Clerk's office to be used on such trial or hearing, without the special order of the Court. RULE 98. If the party required to prepare such roll, shall recover costs in the suit, he shall be entitled to tax as a part thereof ten cents for each folio of one hundred words contained therein. The following was adopted October 13, 1860. RULE 99. The plaintiff in any action of covenant, debt or assumpsit, on money bonds, promissory notes or bills of exchange, commenced after November 1, 1860, at issue as well as on default, may have the same called out of its or der on the calendar, and an inquest taken and judgment rendered thereon at the opening of the Court on any day of term after the first, in all cases where par. ties are sued in their individual capacity, unless the defendant or his attorney shall before the first day of term have filed an affidavit of merits and served a copy thereof on plaintiff's attorney; provided the intention of the plaintiff to take an inquest under this rule be expressed in the notice of trial. |