Bill

CROSS, in chancery practice... A cross bill is one which. is brought by a defendant in a suit against the plaintiff, respecting the matter in question in that bill.- Coop. Eg. Pl. 85; Mitf. Pl. 75. A billof this kind is usually brought to obtain, either a necessary discovery, or full relief to all the parties. It frequently happens, and particularly if any question arises between two defendants to a bill, that the court cannot make a complete decree pletely before the court, litigated the proper parties, and upon proper! proofs. In this case it becomes necessary for some one of the detendants to the original bill to file a/ bill against the plaintiff and other defendants in that bill, or some of them, and bring the litigated point properly before the court. A cross bill should state the oriyinal bill, and procecdings thereon, and the rights of the party exhibiting the bill which are necessary to be made the subject of a cross litigation, or the grounds on which he resists the claims of the plaintiff in the original bill, if that is the object of the new bill. A cross bill may be filed to answer the purpose of a plea puts derretn continuance at the common law. For example, where pending a suit, and after replication and issue joined, the defendant having obtained a release and attempted to prove it viva voce at the hearing, it was determined that the release not being in issue in the cause, the court could not try the facts or direct atrial at law for that purpose, and that a new bill must be filed to. put the release in issue. Mitf. Pl. 75, 76; Coop. Eq. Pl. 85; 1 Harr. Ch. Pr. 135. A cross bill must be brought before publication is passed on the first bill, 1 Johns. Ch. R. 62, and not after, except the plaintiff in the cross bill go to the hearing on the depositions already published; because of the danger of perjury and subornation, if the parties should, after publication of the former depositions, examine witnesses de novo, to the same matter before examined into. 7 Johns. Ch. Pr. 250; Nels. Ch. R. 103.