Royse v. Reynolds

JUDGE LINDSAY

delivered the opinion of the court.

The demurrer to the cross-petition of Royse v. Reynolds should have been sustained.

The amendment of December 16,1857, to the 125th section of the Civil Code of Practice authorizes a defendant who has a cause of action against a person not a party to the action, and affecting the subject-matter of the action, to make his answer a cross-petition against such other person.

*287Fee’s suit was an equity proceeding to enjoin Royse from enforcing his judgment against him, upon the ground that he was a surety, and that he had been released from liability by…