McGuire v. Circuit Judge
Michigan Supreme Court
Application for mandamus to compel respondent to vacate an order entered by complainant dismissing his bill. The facts are stated in the opinion, and in the prior statement by the Reporter.
1Per curiam
In chancery practice a cross-bill is a bill filed by the defendant against the complainant or other parties in a former bill pending, touching the matter in question in that bill. It is treated as a mere auxiliary suit, or as a dependency upon the original suit. It can be sustained only on matter growing out of the original bill. It is a mode of defense, and the original and cross-bill are but one cause. It is necessary when the defendant is entitled to some positive relief beyond what the scope of the complainant’s suit will afford him. 2 Daniell Ch. Pr. 1647, tit. “Cross-bill Story, Eq. Pl.…
2Cases cited5 opinions
- Cross v. De ValleSupreme Court of the United States · 1863
- Slason v. WrightSupreme Court of Vermont · 1842
- Andrews v. KibbeeMichigan Supreme Court · 1863
- S. C. Hall Lumber Co. v. GustinMichigan Supreme Court · 1884
- Fitzhugh v. BarnardMichigan Supreme Court · 1863
3Cited by9 opinions
- Goff v. PriceWest Virginia Supreme Court · 1896
- State ex rel. Husting v. Board of State CanvassersWisconsin Supreme Court · 1914
- Washington National Building, Loan & Investment Ass'n v. SaundersWashington Supreme Court · 1901
- Waite v. WingateWashington Supreme Court · 1892
- Ely v. New Mexico & Arizona RailroadArizona Supreme Court · 1888
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