It is the duty of the commissioner after having prepared the return on appeal, to duly file the same with the Clerk of the Circuit Court, and when such return has been filed, the Circuit Court shall be possessed of the cause, the same as if it had originally been commenced in that court.84

The following form of return may be used on appeal:

(Caption.)

Before ........................, Circuit Court Commissioner for the

County of.....................

An appeal having been made in the above cause: I,................, commissioner before whom the above cause was tried, do hereby return to the Circuit Court for the County of................, the proceedings had before me therein as follows:

The plaintiff prosecuted said action by his attorney, John Doe, and defendant appeared by his attorney, Richard Roe. (If parties prosecuted in their individual capacity, so state.)

This cause was commenced by summons issued on the........

............day of...................., A. D. 19...., returnable at my office in the....................of....................in said county of....................

on the....................day of....................aforesaid at....................

o'clock in the......................noon.

The following is the substance of the complaint: (here insert copy of the complaint).

The defendant's plea was as follows: (here state the defendant's plea, if in writing, set out verbatim).

Said cause was by agreement of the parties, tried by the court (if tried by a jury, here state, and also the verdict of the jury).

That on the .................... day of ...................., A. D. 19...., I rendered judgment against the defendant for the restitution

82. Smith v. Reed, 24 Mich. 240; Farrell v. Taylor, 12 Mich. 113.

83. Knapp v. Gambsy, 47 Mich 377.

84. 3 Compiled Laws 1915, Section 14417.

of the premises described in said complaint, and for $...............

costs.

As to the matters and alleged errors stated and set forth in the affidavit filed to appeal said cause, hereto annexed, I do further rturn (here set forth the facts relating to the alleged errors) and I do further return that the affidavit and bond herewith returned were delivered to me on the ....................

day of...................., and the cost of suit and my fees were at the same time paid.

Given under my hand and seal....................day of....................

A. D. 19.....

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

Circuit Court Commissioner for ....................County, Michigan.