The affidavit of appeal should contain the following essential averments:

1. It should name the commissioner before whom the proceedings were had.

2. It should name the parties, the date of the judgment, the premises involved, and the amount of costs taxed, and should conclude with an averment that the judgment rendered is not in accordance with the just rights of the deponent as he verily believes, and that the deponent conceives himself aggrieved thereby, and appeals therefrom to the Circuit Court for the county in which the proceedings are pending.

3. The affidavit should be duly verified. The following form has been approved:

State of Michigan, County of...............

ss.

John Doe, of said county, being duly sworn, says that a final judgment was rendered upon an issue of fact and law, together with costs of suit in prosecuting said complaint and obtaining restitution of said premises, and if the plaintiff obtain restitution of said premises, he may, at his election, sue and recover on said bond, or bring his action against the defendant, under section twenty-three of this chapter. 3 Compiled Laws Mich. 1915, Sec. 13252.

72. 3 Comp. Laws Mich. 1915, Sec. 14402.

73. 3 Comp. Laws Mich. 1915, Sec. 14408; Bearse v. Aldrich, 40 Mich. 529.

74. Act 243, Pub. Acts 1917.

75. Feldman v. Zimmerman, 20S Mich. 240.

76. Hanaw v. Bailey, 83 Mich. 27.

joined between the parties by...................., Circuit Court Commissioner in and for said county, on the .................... day of

...................., A. D. 19........, in favor of Richard Roe, as plaintiff, and against deponent, John Doe, as defendant, whereby the said John Doe is required to leave and deliver up possession of the following premises:....................to said Richard Roe and for....................dollars, costs of suit.

Deponent further says that such judgment is not in accordance with the just rights of said deponent, as deponent verily believes, and that said deponent conceives himself aggrieved thereby, and appeals therefrom to the Circuit Court for the

County of...................., and further deponent sayeth not.

John Doe.

Subscribed and sworn to before me this.................... day of

...................., A. D. 19.....

.......................................................

Circuit Court Commissioner