Anderson v. Cole

The writ of error in this case brings up the record only, no bill of exceptions having been settled. Suit was instituted by filing a declaration, and *638entering a rule to plead, on February 28, 1896. Default was entered on the 23d of November, 1896. At this date no proof was on file showing service upon the defendant. It is conceded that this was an irregularity for which judgment should be set aside. Johnson v. Delbridge, 35 Mich. 436. A return was subsequently (December 1, 1896) made, but this return failed to show service of notice of the rule to plead. It is contended by defendant’s counsel…