Cobb v. Baxter

The Chancellor:

This case is before me upon demurrer to the cross-bill of the defendants, in which the causes assigned are:

1st. That the cross-bill undertakes to bring in as defendants new parties who are neither complainants nor defendants to the original bill.

2d. That the cross-bill is filed before an answer had been put on to the original bill.

I know of no law that makes the filing of a cross-bill before answer a ground of demurrer, nor can I imagine any reason why the priority should be a ground of objection. On the contrary, it might well be that a defendant to an original suit might…