
    GOTFREDSON LAND CO. v. SHEVITZ.
    1. Court Commissioners — Appeal to Circuit Court — Jurisdiction op Subject-MAs'ter. ;. ‘ '■
    On appeal’’,’fr'om judgment of. circuit court, eqmmissioner, circuit court acquired jurisdiction of subject-matter on filing return.
    
      2. Same — General Appearance — Waiver op Notice ,of Appeal— Jurisdiction of Person.
    „ Service of notice of appeal and proof thereof under Circuit Court Bule No. 11 were waived by plaintiff’s entry of general appearance, and court thereby acquired jurisdiction of person.
    3. Same — Correction of Defective Affidavit on Appeal.
    Defendant should have been permitted to correct claimed defect in affidavit on appeal from judgment of circuit court commissioner because notarized by defendant’s attorney- (3 Comp. Laws 1915, §12486).
    Error to Wayne; Jayne (Ira W.), J.
    Submitted April 16, 1930.
    (Docket No. 129, Calendar No. 34,141.)
    Decided June 2, 1930.
    Proceeding’s before circuit court commissioner by Gotfredson Land' Company, a Michigan corporation, against Jacob Shevitz to recover possession of land. Defendant brings error to review dismissal of appeal to circuit court.
    Reversed.
    
      J. Walter Dohany and Harold H. McLean, for plaintiff.
    
      Finlcelston, Love joy ■& Kaplan, for defendant.
   Clark, J.

On motion, the trial judge dismissed defendant’s appeal from judgment of a circuit court commissioner for two reasons, first—

* * * “there is no proof of a return of service that a notice of appeal was filed within the five days .prescribed by rule” * * *

being Circuit Court Rule No. 11 (237 Mich, xxxiii) as amended April 14, 1927, providing in cases of appeal, such as this of service of notice of appeal within five days after return on appeal has been filed in the office of the county clerk, and, second—

* * * “for the further reason that it appears' on examination of the file from the circuit court com'missioner that the affidavit on appeal is defective because it is notarized by one Nathan W. Kaplan who appears from numerous stipulations attached in the same return to have declared himself to be the attorney for the said Jacob Shevitz, the defendant.”

Defendant brings error.

1. The court acquired jurisdiction of the subject-matter upon filing of the return on appeal. Jurisdiction of the person would have been effected by service of the notice and proof thereof under the court rule. As plaintiff entered its general appearance in the cause in the circuit court, jurisdiction of the person was thereby acquired, and hence service of notice of appeal and proof thereof under the court rule were waived and rendered unnecessary. Shrager v. Rich, 242 Mich. 419; Daines v. Tarabusi, 246 Mich. 419; Goodin v. Van Haaften, 130 Mich. 386.

2. Appellee does not defend this holding. Appellant sought to correct the claimed defect. He should have been permitted to do so. 3 Comp. Laws 1915, § 12486; Bradley v. Andrews, 51 Mich. 100.

Reversed. Costs to defendant.

Wiest, C. J., and Butzel, McDonald, Potter, Sharpe, North, and Fead, JJ., concurred.  