In Re Fitch Drain No. 129

On February 15, 1954, defendants filed a petition for a writ of certiorari. The writ was issued and later quashed. The order quashing the writ was entered on. October 22, 1954. Defendants filed a claim of appeal to the Supreme Court without first having obtained leave. Subsequently, plaintiff filed a motion to dismiss .defendants’ appeal, for the reason that leave to appeal had not been obtained. Without deciding the motion, we entered an order holding the motion in abeyance until the cause could be heard on its merits.

Bule No 60 of the Michigan Court Buies (1945) provides, in part:

“Sec. 1.…