A bargain made by a stranger with one of the parties to a suit, by which such third person undertakes to carry on the litigation at his own cost and risk, in consideration of receiving, if he wins the suit, a part of the land or other subject sought to be recovered by the action. Small v. Mott, 22 Wend. (N. Y.) 405; Jewel v. Neid.v, 01 Iowa. 299, 10 N. W. 141; Weakly v. Ilall, 13 Ohio, 175, 42 Am. Dec. 194; Poe v. Davis, 29 Ala. 0,83; Gilman v. Jones, 87 Ala. 691, 5 South. 785. 7 South. 48, 4 L. It. A. 113; Torrence v. Shedd, 112 111. 466; Casserleigh v. Wood, 119 Fed. 308, 50 C. C. A. 212. The purchase of an interest in a thing in dispute, with the object of maintaining and taking part in the litigation. 7 Bing. 378. The act of assisting the plaintiff or defendant in a legal proceeding in which the person giving the assistance has no valuable interest, on an agreement that, if the proceeding is successful, the proceeds shall be divided between the plaintiff or defendant, as the ease may be, and the assisting person. Sweet. Champerty is the carrying on a suit in the name of another, but at one’s own expense, with the view of receiving as compensation a certain share of the avails of the suit. Ogden v. Des Arts, 4 Duer (N. Y.) 275. The distinction between champerty and maintenance lies in the interest which the interfering party is to have in the issue of the suit. In the former case, he is to receive a share or portion of what may be recovered; in the latter case, he is in no way benefited by the success of the party aided, but simply CHAMPION 189 CHANCERY Intermeddlers officiously. Thus every champerty includes maintenance, but not every maintenance is champerty. See 2 Inst. 208; Stotsenburg v. Marks, 79 Ind. 190; Lytle v. State, 17 Ark. 624.
What is CHAMPERTY?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Section 42 Housing
- Types of License Classes
- What Can You Do If a Judge is Unfair?
- How to Sue an Apartment Complex
- Is Giuliani Facing Being Disbarred?
- Biden’s Newly-Threatened Impeachment… Wait, What?
- Trump Refusing To Pay Lawyer Rudy Giuliani
- Trump Is – Officially – The First President To Be Impeached Twice
- Trump Plans To Run 2024, But Can He Pardon Himself?
- Will Trump Get Indicted Or Impeached (Round 2)
- Best Way to Find Someone in Jail for Free
- What Is A Police Welfare Check?
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?