Miles v. Krainik

Plaintiff, an attorney, filed this action to have an attorney’s lien declared in his favor against funds held by defendant as executrix of the estate of Benjamin G. Tracey, deceased. Defendant moved for summary judgment under GCR 1963, 117, on the basis plaintiff failed to state a claim upon which relief could be granted. The trial court granted the motion on the basis plaintiff had a remedy by filing a claim against the estate of which defendant is executrix.. Plaintiff’s motion for rehearing was denied, and he appeals.

By writing dated July 17,1963, decedent employed plaintiff to represent…