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Cross-bill

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In equity pleading. A bill filed by a defendant in a suit in equity, against the plaintiff or complainant, in order to obtain some relief against him.

3 Bl. Com. 448.

A defendant cannot pray any thing in his answer but to be dismissed the court; if he has any relief to pray against the plaintiff he must do it by an original bill of his own, which is called a cross bill. Id. ibid. A cross 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. Mitford's Eq. Pl. 80, 81, (98, and note, Moulton's ed. 1849.) It is treated as a mere auxiliary suit, or as a dependency upon the original suit.

Story's Eq. Pl. § 399.

It is generally considered and used as a matter of defence; the original and the cross bill constituting but one cause.

7 Johns. Ch. 250, 252.

A cross bill answers to the re-conventio of the civil law. Gilb. Forum Rom. ch.

4.