Beaudry v. Burroughs Adding MacHine Co.

In its return to the writ of certiorari the commission states that the failure of plaintiff to file his appeal within the ten days fixed by the statute therefor was not raised at the hearing. It does appear that defendant was there represented by an attorney and took part in the proceedings. Such action should, I think, be said to have the same effect as the entry of a general appearance on an appeal from probate or justice’s court. In Goodin v. Van Haaften, 130 Mich. 386, the defendant appealed from a judgment rendered by a justice of the peace. The appeal was not taken within the time…