COURT RULES. SUPREME COURT OF MICHIGAN. Rules of Practice. Rule 64. Any person who is not a citizen of this state or of the United States, who Is 21 years of age, and has been duly admitted to practice, under the laws of a foreign country, in the courts of record thereof, and who has come into this state with the intention of becoming a resident thereof, and who has declared his intention to become a citizen of the United States, may be admitted to practice in the several courts of this state by the supreme court, upon filing with the clerk of said court proofs satisfactory to the court of his having been admitted to practice in the courts of record in the country from which he came, and the certificate of at least two reputable members of the bar of this court, certifying to his good moral character: provided, said court may require the applicant to submit to an examination by said court as to his qualifications and knowledge of the law. Any one seeking admission to practice under this rule shall present a petition, duly verified, stating his name, age, and former residence, the number of years he read law before having been admitted, and with whom, and where, and by what court or courts admitted, and the number of years he has been in actual practice, and that he has declared his intention to become a citizen of the United States, and file the same with the clerk of this court, with the papers above referred to. [Adopted October 8, 1891.] Circuit Court Rule 6. All notices shall be In writing, and shall be served on the attorney in the cause, or his agent; and where a party prosecutes or defends by two or more attorneys of record who are not partners, notices and papers may be served upon either of such attorneys, and either of such attorneys may sign notices, papers, or stipulations with the same force and effect as if signed by all of such attorneys; and where a party, who is also an attorney of this court, shall prosecute in person, or, if a defendant, shall give notice that he is an attorney, and will defend in person, all notices and other papers shall be served on him in like manner; and, when the object is to bring the party into contempt for disobeying any rule or order of the court, the service shall be on such party personally, unless otherwise specially ordered by the court. In all cases where service of papers cannot reasonably be made, on account of the absence of the attorney of record from his usual place of abode, residence, or office, or for any other reason, the court in which such cause is pending, or judge thereof, at chambers, upon an ex parte application on cause shown, may direct in what manner and on whom service may be made. [As amended October 8, 1891.] Circuit Court Rule 10. Notices of trial may be served by mail in the same cases and in like manner as other notices. In cases where there are two or more defendants, who appear by different attorneys, notice of trial, if served by the plaintiff, shall be served on all the defendants entitled to notice. If served by any of the defendants, it shall be served on the plaintiff and on all the other defendants entitled to notice, and cases thus noticed shall be for trial the same as though notice had been served on plaintiff by all the defendants. In cases of appeal, and in all cases commenced in the circuit court, where the party upon whom notice is sought to be served has not appeared by attorney, service shall be made on such party, if he is a resident of the state, and his place of residence can be ascertained. If he is not a resident of the state, and his place of residence cannot be ascertained, notice may be served by filing the same in the cause, and posting a copy thereof in some conspicuous place in the office of the county clerk; but in such case notice shall be filed, and a copy posted, at least 20 days before the first day of the term for which such case is noticed. Proof of all facts necessary to make such notice valid must be filed immediately after posting or mailing such notice. [As amended October 8, 1891.] For supreme court rule 32, see 29 N. W. Rep. iii.; for supreme court rules 34, 59, see 37 N. W. Rep. iii.; for supreme court rule 61, see 45 N. W. Rep. iv.; for supreme court rule 62, see 18 N. W. Rep. xii.; for supreme court rule 63, see 45 N. W. Rep. iv.; for chancery rule 112, see 27 N. W. Rep. iii.; for circuit court rule 65, see 48 N. W. Rep. iv. CASES REPORTED. Abear, Smith v. (Mich.).. Aikin, Braithwaite v. (N. D.)... Page 509 Barr, O'Brien v. (Iowa). .. Akeley Lumber Co., Anderson v. (Minn.).. 664 Bartlett v. Cheesebrough (Neb.). Alden v. Wright (Minn.).. Page 68 609 360 767 Barton, Bryant v. (Neb.). 831 Alexander v. Meadville (Neb.). .1123 Bassett v. Durfee (Mich.)... 558 Alexander, Edmonson v. (Neb.).. Alexander, McLaughlin v. (S. D.) Allen v. Mohn (Mich.).... Allen, Chapman v. (Neb.).. 926 Beach, Wiley v. (Mich.).. 35 Allerton, Bonnell v. (Iowa)..... 857 American Bldg. & Loan Ass'n, Eaton v. Bean v. Board of Sup'rs of Carroll County (Iowa).. .1049 (Minn.). 865 Becher, Gottschalk v. (Neb.). 715 American Investment Co., Pearsons v. (Iowa).. Beeman, Wessels v. (Mich.). 483 853 Bell, Hunter v. (Neb.)... ..1132 Ames v. Wilkinson (Minn.).... 696 Benedix v. German Ins. Co. of Freeport Anderson v. H. C. Akeley Lumber Co. (Minn.).. (Wis.).. 811 989 Anderson v. St. Croix Lumber Co. (Minn.) 407 Benner, Thompson v. (Neb.) ..1116 86 187 .... Bennett v. Northern Pac. R. Co. (N. D.).. 408 Bennett. Holly v. (Minn.). 189 Anderson, Illstad v. (N. D.)............. 659 Anderson, Meyer v. (Neb.).. 931 Ann Arbor & Y. St. Ry. Co., Nichols v. (Mich.)..... Berchard, Farmers' & Merchants' Bank V. (Neb.). 762 Aplin, People v. (Mich.).. 148 Bergsma v. Dewey (Minn.)....... 57 Armstrong v. Št. Paul & P. Coal & Iron Co. (Minn.). Archer v. Ft. Wayne & E. Ry. Co. (Mich.).. 488 Archer, Kinsey v. (Wis.).. 962 Bernard, Chicago, B. & Q. R. Co. v. (Neb.) 362 392 42 233 Arneson v. Spawn (S. D.) .1066 Arnold, Yellow-River Imp. Co. v. (Wis.)... 971 Arpin, Port Edwards, C. & N. Ry. Co. v. (Wis.)..... Arthur v. Clarke (Minn.). Atlee, Hiles v. (Wis.). 828 252 Birch, Graham v. (Minn.). 697 747 Auditor General v. Hurst (Mich.). 592 Bitzer v. Campbell (Minn.). 691 Auditor General v. McArthur (Mich.). 592 Blain v. Willson (Neb.).... 224 Auditor General v. Tousey (Mich.).. Aultman & Taylor Co. v. Gorham (Mich.).. 486 967 592 Blaine County v. Brewster (Neb.). 183 357 749 Blandy, Hubbell v. (Mich.).. 502 Blane v. Tharp (Iowa) .1044 195 Blodgett, Pleasants v. (Neb.). 453 Austin v. District Tp. of Colony (Iowa)....1051 15 887 Blodgett & Davis Lumber Co. v. Peters (Mich.)... Blotcky v. O'Neill (Iowa). 445 Blum v. Bush (Mich.). 917 ...1029 ..... 142 897 Board of Auditors of Wayne County, People v. (Mich.).. 921 Bachelder, Phenix Ins. Co. v. (Neb.)...... 217 .... Baker v. Baker (S. D.). 331 840 Board of Education of Wilson Tp., People .1064 v. (Mich.)...... Board of County Com'rs of Fillmore Coun ty, Rockwell v. (Minn.)..... 690 920 Baker v. Wyman (Minn.).... Baker, Volland v. (Neb.).. 649 Board of Health of Tp. of Portage v. Van 894 ... Baldwin, McGowen v. (Minn.)... Ballou v. Sherwood (Neb.).. 790 Bank of Alma, Simms v. (Neb.).. 832 251 Board of Public Works, People v. (Mich.).. 924 Board of Public Works of City of Detroit. Campau v. (Mich.)... 39 Bannon v. C. Aultman & Co. (Wis.). 967 Barber v. Bowen (Minn.)... 684 Barber, Erickson v. (Iowa).. 838 Barber, Ross v. (Mich.).. 35 Barnd v. Hunt (Neb.).... 222 Board of Public Works of City of Grand 481 960 Barnes v. Moore's Estate (Mich.).. 585 Barnes, Mechanics' Bank of Detroit v. (Mich.)........ Barnes, Nicholls v. (Neb.)..... 49 N. W. Bolles v. Sault Sav. Bank Loan & Trust Co. (Mich.)...... Bonnell v. Allerton (Iowa). Boss v. Northern Pac. R. Co. (N. D.). Bowen v. City of Minneapolis (Minn.)... .... .... Page Page 223 164 983 655 Carson & Rand Lumber Co. v. Bunker .1003 683 Case, Ripley v. (Mich.).. 684 Case, Rosenfield v. (Mich.). 630 161 Case Plow-Works v. Marr (Neb.)..........1119 577 Cathcart v. Bacon (Minn.).. 331 .... 203 C. Aultman & Co., Bannon v. (Wis.)....... 967 .1022 C. Aultman & Co., Martin v. (Wis.). 749 193 190 Ceeder v. H. M. Loud & Sons' Lumber Co. (Mich.). 575 419 Central Car & Manuf'g Co., People v. Chicago, R. I. & P. R. Co. v. Witty (Neb.) 183 Chicago, R. I. & P. Ry. Co., Davis v. (Iowa) 77 Chicago, St. P., M. & O. Ry. Co., Hayes v. (Minn.).. Chicago & G. T. Ry. Co., Thomas v. (Mich.) 547 Chicago & N. W. Ry. Co., Greenfield v. (Iowa). Chicago & W. M. Ry. Co., Richmond v. 104 (Mich.).. 61 95 621 393 Chicago & W. M. Ry. Co., Spoon v. (Mich.) 35 567 Chollette, Omaha & R. V. R. Co. v. (Neb.)..1114 142 Chope, Scott v. (Neb.).. 940 995 City of Detroit, Dixon v. (Mich.). 150 City of Minneapolis, Bowen v. (Minn.).. Co. (Mich.) 39 City of Omaha v. Ayer (Neb.). 120 City of Plattsmouth v. Boeck (Neb.). 121 City of Saginaw, Davies v. (Mich.).. 452 City of St. Paul, Fairchild v. (Minn.). 181 City of Superior, McElhinney v. (Neb.). 691 City of Tekamah, Templeton v. (Neb.). City of Tomab, State v. (Wis.). 875 City of Waterloo, Munger v. (Iowa).. 554 Clague v. Clague (Minn.). 435 Clark v. Fitch (Neb.)... 489 445 167 667 325 705 373 753 .1028 198 374 367 416 628 ..... 879 235 141 655 650 282 965 683 Clark, Williams v. (Minn.)............. Clay, Converse v. (Mich.)........ Clark, Baehr v. (Iowa)...... 840 Daniells, Hughes v. (Mich.). Clark, Minneapolis Trust Co. v. (Minn).... 386 Darling v. Harmon (Minn.).. Clarke, Arthur v. (Minn.). Clay, Sweet v. (Mich.)... Clendening v. Perrine (Neb.). 398 Davies v. City of Saginaw (Mich.).. 252 Davis v. Chicago, R. L. & P. Ry. Co. 473 (Iowa)... 542 686 667 77 Clifford, Whitney v. (Wis.). Cline v. Libby (Wis.)... Coad v. Home Cattle Co. (Neb.). Colby, Kellogg v. (Iowa). Cole v. Aune (Minn.).. 195 Collar v. Collar (Mich.).. 551 899 Davis v. Getchell (Neb.).. 776 50 458 912 1004 844 .... 744 Common Council of City of Grand Rapids v. Board of Public Works of City of Grand Rapids, two cases (Mich.).. Conklin v. Graham (Neb.)... 460 Dick, Campbell v. (Wis.)..... 120 Conniff, Peyson v. (Neb.). 340 Dickey Co., Wright v. (Iowa).. 984 Conrad, Utterson v. (Iowa).. 88 Diddy, Butler v., four cases (Iowa).. 995 Converse v. Clay (Mich.).. 473 Dietz v. Bignall (Mich.) 148 Cook v. Bertram (Mich.). 42 Cook v. Chicago, M. & St. P. Ry. Co. (Iowa)...... 92 District Tp. of Colony, Austin v. (Iowa)...1051 600 (Mich.)...... 474 Dixon v. City of Detroit (Mich.). 628 Cook, Edgington v. (Neb.).. Cook, Kipp v. (Minn.).... Cook, Kipp v. (Minn.).... Cook, Stanbrough v. (Iowa). 369 Dixon, Columbia Electric Co. v. (Minn.)... 244 ..... 226 Cooley, Tabert v. (Minn.)..... Corbin v. Morrow (Minn.).. 258 632 Corey v. Cadwell (Mich.). Cornell University v. Mead (Wis.). 611 Donoghue v. Indiana & L. M. Ry. Co. 815 (Mich.)... 512 Cornish v. Russell (Neb.)... Cosgrove, Young v. (Iowa).... Costello v. Ten Eyck (Mich.). 152 Drennan, People v. (Mich.) 215 Cotzhausen v. Central Trust Co. of New Duff, State v. (Wis.).... 23 Duluth, H. & D. R. Co., Hodgson v. (Minn.) 197 376 72 Courtney, Palmer v. (Neb.). Craig v. Dunn (Minn.).. Countryman, Sioux City & St. P. R. Co. v. (Iowa)... 754 Dunstan v. Northern Pac. R. Co. (N. D.).. 426 396 Durfee, Bassett v. (Mich.)...... Duncan, Flanigan v. (Minn.).. 981 ..... Dunn, Craig v. (Minn.).... 396 558 Craig v. Summers (Minn.). Crane, Woolley v. (Mich.).. 742 Durnham, Schmidt v. (Minn.).. 126 897 Crawl v. Harrington (Neb.)..... .1118 Crosby, Gaughran v. (Neb.).. Cribb, Hibbard, Spencer, Bartlett & Co. v. Cribbs v. Sowle (Mich).... Crittenden v. City of Mt. Clemens (Mich.).. 144 Croul, Penny v. (Mich.).... ...... Crum, Yerkes v. (N. D.)... 398 Edwards, School-Districts v. (Wis.).. 823 587 Edgington v. Cook (Neb.).. 369 554 Edmonson v. Alexander (Neb.). 461 465 968 250 ...... 191 202 679 984 ...... .1013 212 Elwood, Squires v. (Neb.). 939 538 E. M. Dickey Co., Wright v. (Iowa). .1006 Emerick v. Emerick (lowa). 984 1017 Curtis, People v. (Mich.). 923 Erickson v. Barber (Iowa)... 838 Daemicke, Richey v. (Mich.).. . .. . . . Dakota Loan & Trust Co., Ulrick v. (S. D.)1054 Dampier v. St. Paul Trust Co. (Minn.). 812 Fabel, Farrell v. (Minn.).. 286 Fairbank, German Ins. Co. v. (Neb.)...... 711 Exchange Nat. Bank of Hastings v. Capps (Neb.)... 223 303 |