The common law was originally very strict in its provisions against contracts which would tend to increase litigation. Champerty and maintenance were especially prohibited. "Maintenance is defined in the old books as the officious intermedling or assisting either party, with money or otherwise, to prosecute or defend it. Champerty is defined as a bargain by a person with a plaintiff or defendant to divide the land or other matter, sued for between them if they prevail at law, whereupon the champertor is to carry-on the party's suit or defense at his own expense. In other words, champerty is maintenance aggravated by an agreement to have a part of the thing in dispute. Some courts have held that the champertor need not carry on the suit at his own expense - that it may be where an attorney agrees to conduct a suit for a compensation contingent on success. Champerty and maintenance are crimes under the common law in England."43 These prohibitions have been expressly abolished in some states and in some others are generally disregarded. It is at the present time, a very common practice for an attorney to take cases on contingent fees, and the right to assign rights or choses in action arising out of property rights, is generally recognized.

38 Oscanyon vs. Arms. Co., 103 U. S., 761.

39 O'Rear vs. Kiger, 10 Leigh, 622;

Martin vs. Wade, 37 Cal., 168. 40 Hager vs. Catlin, 18 Hun., 448.

41 Bryan vs. Reynolds, 5 Wis., 200,

68 Am. D., 55; Price vs. Caper-ton, 1 Duvall, 207. 42 Waldron vs. Evans, 1 Dak., 11; Randolph vs. Jones, Breese 103; Satterlee vs. Jones, 3 Drier, 102.