Public-domain · open source
OpenJurist

Cross-complaint

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, 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 subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parlies may demur or answer thereto as to the original complaint.

Code Civ. Proc. Cal. § 442; Stand-ley v. Insurance Co., 95 Ind. 254; Harrison v. McCormick, 69 Cal. 616, 11 Pac. 456; Bank v. Ridpath, 29 Wash 687, 70 Pac. 139.

In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate.

Hobbs v. Hill, 157 Mass. 556, 32 N. E. 862; Co.m. v. Davie, 11 Pick. (Mass.) 436; U. S. v. Co.llins (D. C.) 79 Fed. 66; Sinte v. Dodge Co.., 20 Neb. 595, 31 N. W. 117.

The complaint is an allegation, made before a proper magistrate, that a person bas been guilty of a designated public offense.

Code Ala. 1886, §4255.