Cross-Bill

Inequity practice, One which is brought by a defendant in a suit against a plaintiff in or against other defendants in the same suit, or against both, touching the matters in question in the original bill.

Story, Eq. P}. § 389; Mitf. Eq. Pl. 80.

A eross-bill is a bill brought by a defendant against a plaintiff, or other parties in a former bill depending, touching the matter in question in that bill. It is usually brought either to obtain a necessary discovery of facts in aid of the defense to the original bill, or to obtain full relief to all par ties in reference to the matters of the original bill It is to be treated as a mere auxiliary suit 17 How. 591; 35 N. H. 235. A eross-bill is a species of pleading, used for the purpose of obtaining a discovery necessary to the defense, or to obtain some relief founded on the collateral claims of the party defendant to the original suit.

14 Ga. 167.

Also, if a bill of exchange or promissory note be given in consideration of another bill or note, it is called a “eross” or “counter” bill or note. lief agalast any party, relating to or depending upon the contract or transaction upon which the action is bronght, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequenily, a eross-complaint, The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the originalcomplainl.

Code Civil Proc. Cal. § 442.