(after stating the facts). The proceedings in these cases are governed by the statute, and not by the rules of court. Fish v. Barbour, 43 Mich. 19. The entry of plaintiff’s default in not filing its declaration was premature. It was entitled to file a declaration at any time before the end of the next term after the return of the writ. 2 How. Stat. § 7312.

The writ will issue as prayed.