Carroll v. Taylor

The question presented in this record is, Can a decree be entered in favor of the complainant in a cross bill, leaving the case made by the original bill undisposed of, because at the time not ready for trial ?

If the present case, was as it is assumed in ar*452gument to be — that is, one where the Chancellor, in advance of the preparation of the original cause and independent of it, had taken up the cross bill and entered a decree upon it — we would regard it as unsound practice, and so the subject of reprobation. But such is not. the fact. The decree recites that the cause came on for hearing on…