Craig v. Chandler
Supreme Court of Colorado
Error to the District Court of Arapahoe County).
1Opinion of the CourtHelm, J.
This action was brought and determined in the Court below prior to the adoption of our present system of civil procedure. Our consideration thereof must therefore be had under the rules of pleading and practice as they then existed.
There is no doubt but under that practice the generhl rule was, that a defendant in equity could not obtain affirmative *71relief against the complainant except upon a cross-bill containing the necessary averments. There may be doubt as to whether a defendant might not have obtained such relief against a co-defendant without a cross-bill. But we are not called upon to…
2Cases cited6 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Wells v. StrangeSupreme Court of Georgia · 1848
- Tennison v. TennisonSupreme Court of Missouri · 1870
- Holladay v. DaileySupreme Court of Colorado · 1872
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
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