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26 Mich. 60

Payne v. Walker

Michigan Supreme Court

Decided October 24, 1872

Michigan Supreme Court · decided 1872-10-24

This was an action to recover for legal services rendered between 184=8 or 184=9 and June, 1871. Payments had been received in 1851, 1856, 1860, and 1871. In 1852 or 1853 an account of charges and credits up to that time, was presented to defendant, who made no objection to it, but no balance was struck, and no payment was made thereon.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-10-24

How this case has been cited

Cited by 7 later decisions — most recently April 2008

7 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1' The first objection made to the judgment in this cause, is disposed of by the case of White v. Campbell, 25 Mich., 463.

¶2*63The second raises the question, whether payments upon an account are sufficient to render it an open and mutual account so as to prevent the remedy thereon being barred by the statute of limitations. "We think the circuit judge was correct in holding that they are.

¶3The third objection we think equally untenable. Where an attorney’s services are minuted in his register and other proper memorandum books, it is sufficient for the purposes of an account current in the law; and the fact of his not having actually entered the amount of charges, or made regular entries on formal account books, is immaterial. There is nothing suspicious in .this mode of keeping the evidence of attorney’s services, but on the contrary, these books are usually quite as satisfactory as any regular books of account could be. There is no requirement of law that that the books upon which entries are made shall be of any particular kind, or the entries of any particular form.

¶4Judgment affirmed, with costs.

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