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Abstract

The petitioner was a member of the class against whom a decree was rendered in a class suit. The petitioner was not named as a party and had no actual notice of the proceedings although notice was published according to court rules. After the time for appeal had expired, petitioner filed a petition to reopen the decree, under the terms of a statute which gave this right to any defendant against whom a court had rendered a decree without personal service. The petition was dismissed and the petitioner appealed. Held, order affirmed because the petitioner was not a party to the suit within the terms of the statute. American State Savings Bank, Trustee, v. American State Savings Bank, 288 Mich. 78,284 N. W. 652 (1939).

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