Gotfredson Land Co. v. Shevitz

On motion, the trial judge dismissed defendant’s appeal from judgment of a circuit court commissioner for two reasons, first—

* * * “there is no proof of a return of service that a notice of appeal was filed within the five days .prescribed by rule” * * *

being Circuit Court Rule No. 11 (237 Mich, xxxiii) as amended April 14, 1927, providing in cases of appeal, such as this of service of notice of appeal within five days after return on appeal has been filed in the office of the county clerk, and, second—

* * * “for the further reason that it appears' on examination of the file from the circuit…