Backus v. Byron
Michigan Supreme Court
On case made after judgment. Wayne Circuit Court. The plaintiff brought this action to recover for his services as an attorney and counsellor at law, rendered in a suit brought by the defendant, under a special agreement. The defendant claiming to be the owner in fee of five-sevenths of a certain lot in Detroit, at the time held adversely, employed the plaintiff to prosecute a suit in ejectment, to recover the interest he claimed in the premises.
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On case made after judgment. Wayne Circuit Court. The plaintiff brought this action to recover for his services as an attorney and counsellor at law, rendered in a suit brought by the defendant, under a special agreement. The defendant claiming to be the owner in fee of five-sevenths of a certain lot in Detroit, at the time held adversely, employed the plaintiff to prosecute a suit in ejectment, to recover the interest he claimed in the premises. The suit was brought, and prosecuted to a successful termination. The agreement between the plaintiff and defendant as to plaintiff’s compensation…
1Opinion of the Court
By the Court,
Green, J.
On the trial of this cause before the Court without a jury, it was insisted on the part of the defendant, that this agreement was void on the ground of champerty, and that the plaintiff'was not entitled to recover thereon. The Court held that the argreement was not void, and rendered a judgment in favor of the plaintiff and against the defendant, for damages and costs, whereupon the defendant excepted to the ruling of the Court.
The case shows that there was some apparently conflicting testimony upon the trial, in regard to the terms of the contract in question, and it is…
2Cases cited2 opinions
- In re BleakleyNew York Court of Chancery · 1835
- Thompson v. WarrenCourt of Appeals of Kentucky · 1848
3Cited by16 opinions
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Roberts v. CooperSupreme Court of the United States · 1858
- Dahms v. SearsOregon Supreme Court · 1885
- Holbrook v. CookMichigan Supreme Court · 1858
- Brown v. BignéOregon Supreme Court · 1891
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