Doremus v. Mayor of Paterson

Stevens, Y.'C.

This is an application to strike out a cross-bill under rule 213.

A cross-bill is a bill brought by the defendant against the plaintiff (and, if necessary, other parties) in another suit touching the same matter. Dan. Ch. Pr. (6th Am. ed.) 1548. It is brought either (1) to obtain a discovery of facts in aid of the defence to the original bill, or (2) “to obtain full relief to all parties touching the matters of the omginal bill.” Story Eq. Pl. § 389. “It should not introduce new and distinct matters not embraced in the original bill, as they cannot be properly examined in that…