AMENDMENTS TO RULES. SUPREME COURT OF MICHIGAN. On November 20, 1903, the Supreme Court | of Michigan amended circuit court rule 12, of Michigan amended chancery rule 7, subd. subd. "b," so as to read as follows: "d," so as to read as follows: (d) Any order entered under these rules may be set aside on special motion, for cause shown, in the discretion of the court, on such terms as may be deemed just and proper. But to entitle a defendant to an order setting aside his default for want of appearance or answer, he shall proffer a sworn answer showing a defense on the merits as to the whole or a part of the complainant's case. And in cases where personal service shall have been made upon a defendant, and proceedings taken after default on the strength thereof, his default shall not be set aside unless the application shall be made within six months after such default is regularly entered. And in any case where personal service shall have been made upon a defendant, an order setting aside his default shall be conditioned upon his payment to the complainant of the taxable costs incurred in reliance on said default, and the court may impose such other conditions as shall be deemed proper. (b) The default of either party being duly filed or entered, the other party shall not be bound afterwards to accept the pleading or proceeding which was in default until such default shall be set aside by the court. The party desiring to have a default set aside shall, as soon as practicable after he shall know or have reason to believe that the default has been filed or entered, file and serve an affidavit of merits, and make application to the court to have the default set aside; and the application therefor may be granted or refused in the discretion of the court. But in cases where personal service shall have been made upon a defendant, and proceedings taken after default on the strength thereof, his default shall not be set aside unless the application shall be made within six months after such default is regularly entered. And in any case where personal service shall have been made upon a defendant, an order setting aside his default shall be conditioned upon his payment to the plaintiff of the taxable costs incurred in reliance on said default, and the court may impose such On November 20, 1903, the Supreme Court other conditions as shall be deemed proper. C. F. Blanke Tea & Coffee Co. v. Rees Printing Co. (Neb.).. Cupps v. State (Wis.). 210 627 Curtis, Daugherty v. (Iowa) 67 156 241 404 .1021 831 .1103 Chaffee-Miller Land Co. v. Barber (N. D.) 850 Charlevoix Imp. Co., Kenyon v. (Mich.)... 407 Chicago, M. & St. P. R. Co., Collins v. 650 Chicago & A. R. Co., Robinson v. (Mich.).. 689 Citizens' Commercial & Savings Bank v. 682 Citizens' Loan & Trust Co. v. Witte (Wis.) 161 Citizens' Tel. Co. of Sioux Falls, Kirby v. (S. D.) City of Lidgerwood v. Michalek (N. D.).. 541 Dartmouth Sav. Bank v. Foley (Neb.)....1033 Davis v. Jewett Bros. & Jewett (S. D.). 458 67 .1029 797 797 719 512 .1023 16 437 .1002 .1119 883 574 519 647 65 91 959 |