THE NORTHWESTERN REPORTER WITH KEY-NUMBER ANNOTATIONS VOLUME 124 PERMANENT EDITION CONTAINING ALL THE DECISIONS OF THE MINNESOTA, MICHIGAN, NEBRASKA, WISCONSIN WITH TABLE OF NORTHWESTERN CASES IN WHICH AND TABLE OF STATUTES CONSTRUED JANUARY 28-MARCH 18, 1910 ST. PAUL WEST PUBLISHING CO. COURT RULES SUPREME COURT OF MICHIGAN CHANCERY RULE 37. (a) In all causes and proceedings in chancery after final order or decree where the testimony shall have been taken by a stenographer in open court, or by deposition, or before a circuit court commissioner, or in any other manner, any party shall be entitled to make and settle a case setting forth the substance of all the evidence taken or read at the hearing, and such case when so made, settled and filed shall be deemed and held to be the evidence therein for all purposes of review on appeal to the Supreme Court. the hearing and in his possession as he desires to have incorporated in the case on appeal, and shall accompany said amendments and exhibits and papers aforesaid with all of the stenographer's minutes previously served upon him, together with such other exhibits, papers, documents or writings, if any, as shall have been served upon him, and shall likewise serve upon said party seeking to appeal, or his solicitor of record, a notice that the said case on appeal as proposed and the said proposed amendments thereto will be presented to the judge who heard said cause or proceedings, or in case of his absence or disability, then to such other judge as may be authorized to act in any matter in connection with the settling of cases for review on appeal, either in open court or at chambers as the case may be and to be specified in said notice at some date not less than four nor more than six days from the date of the service of said proposed amendments and papers in connection therewith. (b) The person or party desiring to appeal to the Supreme Court shall, within sixty days after service upon him, or his solicitor of record, of written notice of the filing and entry of the final order or decree sought to be appealed from, serve upon the adverse party, or his solicitor of record, a copy of the proposed case on appeal together with the original copies of such exhibits, papers, writings or documents as he shall desire to incorporate into said case on appeal, and also such portions of the stenographer's minutes of the testimony taken in open court as shall have been procured by him, for the inspection and use by such adverse party in the preparation of amendments to the said proposed case on appeal; Provided, said party so seeking to appeal, on application being made to the judge who heard said cause or proceedings, or in his absence or disability, then to such other judge as may be author ized by the provisions of this rule to act in any matter in connection with settling cases for review on appeal, may be required to furnish a copy of such further portions of the stenographer's minutes of the testimony the case on appeal. taken in open court and the originals or | copies of all other exhibits, depositions, pa-party to prepare and serve his amendments pers, writings or documents used in evidence to the proposed case on appeal together with on the hearing and in his possession as shall the exhibits and other papers required by be deemed necessary by such judge to the this rule to be served in connection there (d) The judge before whom the settlement of said case on appeal shall have been noticed shall, at the time specified in said notice, or at such other time as he shall fix, or shall be agreed upon in open court, or by the written stipulation of the parties, proceed to consider the matter and to settle and sign said case on appeal: Provided, not more than one year from the date of the filing and entry of the final order or decree sought to be appealed from, shall in any case be allowed to take all the steps, do all the acts and perform all things required to be taken, done and performed in and about the making, settling, signing and filing of (e) In case of the failure of the adverse with, the judge who heard said cause or settlement of said case. (c) Within thirty days after such service proceeding, or in the event of his absence upon him or his solicitor of record, said ad- or disability, then any other judge authorverse party, or his solicitor of record, shall ized to act in any matter in connection with to appeal, or his solicitor of record, a copy as provided by this rule, upon its being to up to be served upon the party so seeking the settling of cases for review on appeal of such amendments as he proposes to the made to appear by affidavit, or otherwise, to ing to appeal, and also the originals or cop-pers required to be served by the party seekcase on appeal proposed by the party seek- his satisfaction that due service of the pales of such exhibits, depositions, papers, ing the appeal was made upon the adverse writings or documents used in evidence on party, or his solicitor of record, and that all |