A Treatise On Equity Pleading And Practice

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A Treatise On Equity Pleading And Practice
Philip T Philip Taylor Van Zile
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Rep. 553. Was held that "tlie filing of a cross- In Alabama this is regulated by bill was a matter of right and requires statute. (Code, sees. 3801-4. ) The no leave; but it does not necessarily answer may be treated as a cross- stay the hearing of the original bill against complainant in the orig- cause. " In Bronson v. Railway Co. , inal bill but not against defendants. 2 Wall. (U. S. ) 283, it was held that Lehman, etc. V. Dozier, 78 Ala. 235. Filing a cross-bill on a petition with- But this... applies only when relief is out the leave of the court is an irreg- sought against the complainant in ularity, and such cross-bill may be the original bill and not against a set aside. Co-defendant. Gil man, etc. V. New 27 W. Va. 454; Rogers v. Riessner, Orleans, etc. Ry. Ass'n, 72 Ala. 566.
31 Fed. 591. In Kentucky, Biackerby v. Hol- 3 The court, in Allen v. Allen, 14 ton, 5 Dana, 520, 5'M; Madison v.
Ark. 667, held that when the defend- Wallace, 32 Ky. (2 Dana), 6L ant in his answer sets forth a com- In Michigan, Ciiancery Rule 123 plaint against the plaintiff which permits an answer in the nature of a calls for an answer and prays for a cross-bill.


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