Zinke v. Trout

(after stating the facts). Doubtless the service of notice may be waived by a general appearance in the case and jurisdiction over the person may be obtained. Whether the consent to continuance amounted to a waiver we need not decide as we are satisfied the court properly granted the motion to dismiss on the other ground, and this motion went to *205the jurisdiction of the court over the subject-matter.

While the proceeding under the statute above quoted is not, strictly speaking, an appeal from the probate court, it partakes of that nature (Newell v. Kalamazoo Circuit Judge, 215 Mich. 153;…