Elderkin v. Fitch

FITCH, filed his bill in chancery against Cooper and others, praying the foreclosure of a mortgage. One of the defendants made his answer to the original bill a cross-bill against his co-defendants and the plaintiff in the original bill. The plaintiff then dismissed his original bill. The Court, nevertheless, retained the cause as between the co-defendants and decreed in favor of one of them against the others, upon the answer, made, as we have said, a cross-bill.

An original and a cross-bill make but one suit. Dan. Ch. Pr. Vol. 3, p. 1743. — Wilck. Pr. 752.-3 Atk. 812.— Field v. Schieffelin,…