Nickels v. Kane's Adm'r

Citations

• 82 Va. 309

Syllabus

<p>1. Champerty—Definition—Effect—Case at bar.—Champerty is a bargain with plaintiff or defendant for a portion of the matter sued for,, in case of a successful termination of the suit, which the ehampertor undertakes to carry on at his own expense. Its effect is to avoid the contract. N. agrees with K., an attorney, as follows: “I agree to pay to K. ten per cent, on the amount that he may succeed in getting the decree reduced, which has been rendered by the circuit court of S. county in favor of W. H. N. against me.”</p> <p>Held:</p> <p>Such agreement is not champertous.</p> <p>2. Idem—Case at bar.—On appeal, this court reduced the decree §2,890.80, principal, and 5614.29, interest, and remanded the cause for the trial by a jury of an issue pertaining to the residue. Before the trial K. died, and 1ST. compromised the suit by paying §2,500. In an attachment in equity by K.’s administrator against N. to recover ten per cent, on the amount of the decree less the §2,500—</p> <p>Held :</p> <p>Plaintiff can recover only ten per cent, and its interest on the amount by which this court reduced the decree.</p> <p>■3. Chancery Practice—Commissioner’s report—Exceptions—Appellate court.—Where exceptions are necessary, they should specify the defect in the report, and it is' too late to object in the appellate court. Simmons v. Simmons, 33 Gratt. 457.</p>