Feil v. Wabash R. Co.

ADAMS, District Judge.

This is. a motion for security for costs, and the only question for determination is whether plaintiff is entitled to sue as a poor person, under the provisions of the act of July 20, 1892 (27 Stat. 252 [U. S. Comp. St. 1901, p. 706]), when it appears that she has made a contract with her attorney to prosecute her suit for a fee contingent upon recovery. Such contracts, unless they impose an obligation upon the attorneys to pay the costs and expenses of litigation, are not champertous. Duke v. Harper, 66 Mo. 51, 37 Am. Rep. 314, and cases cited. But when they are once…