Shrager v. Rich

On September 23, 1927, defendant filed an affidavit and bond to secure an appeal from a judgment rendered against him in justice’s court in the city of Detroit. The return of the justice was filed on October 4th. On October 20th, the plaintiff’s attorney was notified by the assignment clerk that the case was set for trial on the 31st. On October 25th he filed and served a motion to dismiss the appeal for failure of defendant or his attorney to serve notice of such appeal within five days after the return on appeal was filed in the office of the county clerk, as required by Circuit Court Rule…